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Code / Special Magistrate CODES ENFORCEMENT BOARD CITY OF BOYNTON BEACH, FLORIDA RULES AND REGULATIONS ARTICLE I NAME • The name of this Board shall be the "Codes Enforcement Board of the City of Boynton Beach, Florida". ARTICLE II JURISDICTION The Board has jurisdiction over those matters which are set forth in Ordriesee-Nember-49-28 the Code of Ordinances of the City of Boynton Beach, Florida, as-ameadee- ARTICLE III OFFICERS AND THEIR DUTIES Section 1: The Officers shall be a Chairperson and a Vice Chairperson. The City Clerk shall provide a Recording Secretary. Trete-shell-a}se-be-a- See efavy-of-the-Beard-wbe-sheII-be-ae-empleyee of-the-G ey-ef-Beyetee-Beeek;-Ffe lde- Section 2: The Chairperson shall preside at all meetings (and hearings) of the Board and shall have the duties normally conferred by parliamentary usage of such officers. Section 3: The Chairperson shall be one of the members of the Board. The Chairperson shall have the privilege of discussing all matters before the Board and shall have the same voting rights as all Board members. Section 4: The Vice Chairperson shall act in the absence of the Chairperson. ARTICLE IV ELECTION OF OFFICERS Section 1: Nomination of officers shall be made from the floor at the annual organizational meeting in October each year, and the election shall be held immediately thereafter. Section 2: A candidate receiving a majority vote shall be declared elected and shall serve a term of one year or until a successor shall take office. Section 3: Vacancies in the position of Chairperson or Vice Chairperson shall be filled immediately by regular election procedure. ARTICLE V MEETINGS Section 1: Regular Meetings Regular meetings shall be held at-leeet-evey-twe- -(2}-menthe once a month. The Board may set meetings • more frequently if necessary. Section 2: Special Meetings Special meetings may be called by the Chairperson or any three (3) members of the Board by notification to the Board Attorney. Section 3: Notice a) Notice of all meetings, both regular and special, shall be given to all Board members at least twenty-four hours in advance of the meeting. Section 4: Attendance a) Members and-elterftates shall notify the-6harpersea e4-the-Bead City Clerk's office if they are not going to attend a meeting. b) If-a-mextbe -misses-tae-{B}-eat-a€-thee-{3}-eeeseeetive meetings-witheet-eause;-aed-witheut-prier-approval-ef-- the-6harpefsee-eetiee-te-the-6ity-6lerk-er-Heeerdieg-- Seeretery-(4-the-Beaf4;-he-shall-f orf eit-his-appeifttment. Alta mates-xray-etteed-all-meetings-but-ere-only-required te-etteed-these-meet}egs-that-they-are-requested-te etteed-hy-the-6ke44persee-er-the-Seetetary-ef-the-Beerel. Attendance per present City Policy. c) if-e- eguiev-member-xtisses-e-meeting;-the-frst eiteveate-shaii-*nate- nt-his-pleee---lf-e-seeend regular-member-mleses-the-same-meeting;-the-seeette alteftete-shaii-vete- e-his-pleee. Section 5: Quorum A quorum of the Board shall consist of four (4) members, ineludiftg-altefftates, and an affirmative vote of a majority of those present shall be necessary to pass any motion or adopt any order unless otherwise specified herein. Section 6: a) Voting Voting shall be voice vote and shall berecorded by individual "aye" or "nay". b) Abstention Each member present shall cast an "aye" or "nay" vote on each question before the Board, except that if any member has a personal interest in a matter, he may abstain from participating as a member of the Board in that matter and must file a Memorandum of Voting Conflict with the Seeretefy-ef-the-Bea d Code Enforcement clerical staff within fifteen (15) days after such vote. Section 7: Records . All regular and special meetings, hearings, and records shall be open to the public. The Recording Secretary shall take minutes of all meetings and hearings of the Board. Section 8: Procedure Parliamentary procedure in Board meetings shall be governed by Robert's Rules of Order, as amended, and by the Rules and Regulations contained herein. ARTICLE VI ORDER OF BUSINESS 1. Roll Call 2. Minutes of previous meetings 3. Peble-Hearings Announcements 4. Uta€ittished-Btssifess Communications 5. Pvesenta•ten-e -F}led-{4f€idavlts-ef-Vielatiem Approval of Agenda 6. New-Business Old Business 7. Adieurnme tt New Business a) Cases to be Heard • b) Request to Address the Board c) Request to Forward to City Attorney for Foreclosure 8. Adjournment The order of business may be suspended by a vote of the majority of those members present. -2- ARTICLE VII INITIATION OF ACTIONS BEFORE THE BOARD Section 1: 4-�e-t4onc bcf e-'tom Boa.r4-cha44 3 t-i�-e4- .y 44-14 erg-•air €444AN i--494-N4 4 .74- e-44 / -t#e-Boar4-. Section 2: The-Seevetery-ef-the-Bea d-shall-assign-e-ease-ftumber and-present-the-ease-te-the-Beard-at-its-nemt-meeting. The-Beare-elerieal-staffT-tepee- cetifieatiee-ef-the isspeeteeT-shall-determine-whett-a-velaties-is-te-be presented-te-the-Beafd-fet-Reefing---The-elerieal-staff shall-assgn-e-ease-number-and-sehedeIe-the-ease-fer the-sect-Bea d-meetiag- The Inspector shall determine that a violation exists and the Board staff shall assign a case number and schedule the case for the next Board meeting. Section 3: The-Bea d-shall-review-the-effidenit-and- f-they-feel that-eetlec-is-wa eeted;se*-the-ease-fer-e-heat}sg ee-be-held-at-e-sebsegeeet-meetng-e -the-Beefd- Section 4: . After a case is set for hearing by the Beeid Code -Enforcement staff, the-Beefetafy-ef-the-Beard clerical staff shall send out a notice of hearing to the alleged violator by certified mail, return receipt requested or effect personal service upon a party by a City Code and License Inspector or law enforcement officer. A copy of _ said notice shall be sent to the City Prosecutor, the Affiant and the Attorney for the Board. Section 5: fret-a-ease-is-set-fe -heersgT-the-Seeretary-e -the Bea d-shall-be-empewered-te- ssue-subpeen.as-as- egt3ested by-the-Afiast-and-the-alleged-vielater---The-sebpeeaes- shall-be-sent-te-the-6ty-Pelee-Department-te-be-sefved. Section 6: The City will be responsible for all costs of issuing and serving up to and including four (4) subpoenas requested by any party. Shoulda party request more than four (4) subpoenas, that party will be responsible for all costs incurred in issuing and serving those subpoenas. ARTICLE VIII HEARINGS Section 1: The following procedures will be observed in hearings before the Board. a). The Chairperson inquires of anyone wanting to stipulate. b) The Chairperson shall inquire of the respondent as to whether he understands the nature of the charges. c) The respondent shall then be asked if he wishes to contest the charges. d) All witnesses shall be sworn in by the Reeetdilcg Seeetay-et, Board Attorney. . e) The City shall present its case and respondent shall present their case. Both parties will have an opportunity to cross-examine all witnesses. f) The Board or its Attorney may question any witnesses . or call any witnesses as it feels necessary. -3- f) The right of parties to present rebuttal evidence is discretionary with the Board. g) Upon completion of all the evidence, the Chair- person shall close the hearing. h) The Board shall immediately deliberate in open session before the public. i) The Board shall orally issue an order which is approved by a majority of the Board (at least three (3) members) , and at least four (4) members of the Board must vote for the action to be official. The order shall- contain findings of fact and conclusions of law and state the affir- mative relief granted by the Board. -Said order shall be reduced to writing within ten (10) days and be mailed to the respondent. ARTICLE IX ENFORCEMENT The Board shall hold hearings as necessary to insure the effective and fair enforcement of any order issued by the Board. Section 1: After an order ef-nen-eemplianee has been issued by the Board and a scheduled date for compliance has been ordered, a designated City Official shall make an inspection to determine if the alleged violation has been corrected. Section 2: If the violation has not been corrected, the designated City Official shall then issue an affidavit of eemplianee-er non-compliance which shall be filed with the Board. A copy of said affidavit shall be sent to the violator by certified mail; return receipt requested. Claim of Lien together with an Affidavit of Non-compliance and Code Enforcement Board Order is. sent to the City Clerk' s office for forwarding to the Palm Beach County Clerk of the Court for recording. Section 3: If the violator fails to comply with the Order of the Board, a-letter-ef-Retifieatiea-of-lien an invoice notification of amount due with interest shall be • mailed to the violator every forty-five (45) days until the condition is corrected er-the-maximum-fine • has-been-impesed- After six (6) months from the date of recording and compliance has not been accomplished and/or fine has not been paid, case is forwarded to the City Attorney for foreclosure proceedings . • Section 4 : The-Beard-shall-held-hearings-as-xeeessary-te-insure the-effeetiveness-ef-any-eider-issued-by-the-Beard- ARTICLE X MISCELLANEOUS Section 1: These Rules and Regulations may be altered in a manner not inconsistent with the City Code during a regular meeting by the affirmative vote of at least four (4) members of the Board, provided notice of this proposed change is given to the Board at a preceding regular meeting. -4- _ 4- 4 o Section 2 : The provisions of these Rules and Regulations shall be discussed and/or adopted, or re-adopted by the Board annually at its regular Organizational meeting. THESE RULESffAND REGULATIONS ARE HEREBY APPROVED AND ADOPTED THIS G '� r DAY OF CD c, � , 190 . CODES ENFO: i,NT BOARD • • -5- ` • • Florida Statutes 2005 /Chapter 162 COUNTY OR MUNICIPAL CODE ENFORCEMENT/Part I LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS / 162.05 Local government code enforcement boards; organization, 162.05 Local government code enforcement boards; organization.— (1) The local governing body may appoint one or more code enforcement boards and legal counsel for the enforcement boards. The local governing body of a county or a municipality that • has a population of less than 5,000 persons may appoint five-member or seven-member code enforcement boards. The local governing body of a county or a.municipality that has a population equal to or greater than 5,000 persons must appoint seven-member code enforcement boards. • The local governing body may appoint up to two alternate members for each code enforcement board to serve on the board in the absence of board members. (2) Members of the enforcement boards shall be residents of the municipality, in the case of municipal enforcement boards, or residents of the county, in the case of county enforcement boards. Appointments shall be made in accordance with applicable law and ordinances on the basis of experience or interest in the subject matter jurisdiction of the respective code enforcement board, in the sole discretion of the local governing body. The membership of each enforcement board shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor. (3)(a) The initial appointments to a seven-membercode enforcement board shall be as • follows: . 1. Two members appointed for a term of 1 year each. • 2. Three members appointed for a term of 2 years each. 3. Two members appointed for a term of 3 years each. (b) The initial appointments to a five-member code enforcement board shall be as follows: 1. One member appointed for a term of 1 year. . 2. Two members appointed for a term of 2 years each. 3. Two members appointed.for a term of 3 years each. • • Thereafter, any appointment shall be made for a term of 3 years. (c) The local governing body of a county or a municipality that has a population of less than 5,010 persons may reduce.a seven-member code enforcement board to five members upon the simultaneous expiration of the terms of office of two members of the board. (d) A member may be reappointed upon approval of the local governing body. (e) An appointment to fill any vacancy on an enforcement board shall be for the remainder of the unexpired term of office.)If any member fails to attend two of three successive meetings without cause and without prior approval of the chair, the enforcement board shall declare the member's office vacant, and the local governing,body shall promptly fill such vacancy. (f) The members shall serve in accordance with ordinances of the local governing body and • may be suspended and removed for cause as provided in such ordinances for removal of members of boards. (4) The members of an enforcement board shall elect a chair, who shall be a voting member, • —from among the members of the board. The presence of four Or more members shall constitute a quorum of any seven-member enforcement board, and the presence of three or more members shall constitute a quorum of any five-member enforcement board. Members shall serve without • compensation, but may be reimbursed for.such travel, mileage, and per diem expenses as may be authorized by the local governing body or as are otherwise provided by law. (5) The local governing body attorney shall either be counsel to an enforcement board or shall represent the municipality or county by presenting cases before the enforcement board, but in no case shall the local governing body attorney serve in both capacities. History.—s. 1,ch.80-300;s.5,ch.82-37;s.4,'ch.86-201;s.2,ch.87-129;s.4,ch.89-268;s. 1,ch.94-291;s. 1441,ch.95-147. Note.—Former s. 166.055. CITY OF BOYNTON BEACH CODE COMPLIANCE BOARD MEMORANDUM TO: Mayor Jerry Taylor Members of the City Commission CC: Members of the Code Compliance Board Kurt Bressner, City Manager Janet Prainito, City Clerk Scott Blasie, Code Compliance Administrator James Cherof, City Attorney David N. Tolces, Assistant City Attorney FROM: Michelle Constantino, Chair, Code Compliance Board DATE: May 18, 2006 RE: Code Compliance Board Member Vacancy The purpose of this memorandum is to advise the Mayor and City Commission that pursuant to Section 162.05(e), Florida Statutes, on May 17, 2006, the Code Compliance Board declared the Code Compliance Board seat held by Chris DeLiso to be vacant. As depicted in the attached attendance roster, Mr. DeLiso missed the Code Compliance Board meetings held on February 23, 2006, March 15, 2006, and March 23, 2006. Mr. DeLiso also missed the Code Compliance Board meeting on May 17, 2006. Mr. DeLiso missed more than two of three successive meetings without cause, and without the approval of the Chair. Therefore, as required by Section 162.05(e), Florida Statutes, the Code Compliance Board voted 3-2 to declare Mr. DeLiso's position vacant. On behalf of the Code Compliance Board, and in conformance with the requirements of Section 162.05(e), Florida Statutes, I would respectfully request that the City Commission promptly fill the vacancy. Thank you for your consideration. S:\CA\MEMORANDUM\Memo to CC-DeLiso Membership.doc Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 14 Select Year: 2008 Go The 2008 Florida Statutes CHAPTER 162 COUNTY OR MUNICIPAL CODE ENFORCEMENT PART I LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (ss. 162.01-162.13) PART II SUPPLEMENTAL COUNTY OR MUNICIPAL CODE OR ORDINANCE ENFORCEMENT PROCEDURES (ss. 162.21-162.30) PART I LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS 162.01 Short title. 162.02 Intent. 162.03 Applicability. 162.04 Definitions. 162.05 Local government code enforcement boards; organization. 162.06 Enforcement procedure. 162.07 Conduct of hearing. 162.08 Powers of enforcement boards. 162.09 Administrative fines; costs of repair; liens. 162.10 Duration of lien. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0162/... 4/16/2009 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 14 162.11 Appeals. 162.12 Notices. 162.125 Actions for money judgments under this chapter; limitation. 162.13 Provisions of act supplemental. 162.01 Short title.--Sections 162.01-162.13 may be cited as the "Local Government Code Enforcement Boards Act." History.--s. 1, ch. 80-300; s. 72, ch. 81-259; s. 1, ch. 82-37. Note.--Former s. 166.051. 162.02 Intent.--It is the intent of this part to promote, protect, and improve the health, safety, and welfare of the citizens of the counties and municipalities of this state by authorizing the creation of administrative boards with authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities, where a pending or repeated violation continues to exist. History.--s. 1, ch. 80-300; s. 2, ch. 82-37; s. 1, ch. 85-150; s. 1, ch. 86-201; s. 1, ch. 89-268. Note.--Former s. 166.052. 162.03 Applicability.-- (1) Each county or municipality may, at its option, create or abolish by ordinance local government code enforcement boards as provided herein. (2) A charter county, a noncharter county, or a municipality may, by ordinance, adopt an alternate code enforcement system that gives code enforcement boards or special magistrates designated by the local governing body, or both, the authority to hold hearings and assess fines against violators of the respective county or municipal codes and ordinances. A special magistrate shall have the same status as an enforcement board under this chapter. References in this chapter to an enforcement board, except in s. 162.05, shall include a special magistrate if the context permits. History.--ss. 1, 2, ch. 80-300; s. 3, ch. 82-37; s. 2, ch. 86-201; s. 1, ch. 87-129; s. 2, ch. 89-268; s. 2, ch. 99-360; s. 63, ch. 2004-11. Note.--Former s. 166.053. 162.04 Definitions.--As used in ss. 162.01-162.13, the term: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0162/... 4/16/2009 Statutes & Constitution :View Statutes : Online Sunshine Page 3 of 14 (1) "Local governing body" means the governing body of the county or municipality, however designated. (2) "Code inspector" means any authorized agent or employee of the county or municipality whose duty it is to assure code compliance. (3) "Local governing body attorney" means the legal counselor for the county or municipality. (4) "Enforcement board" means a local government code enforcement board. (5) "Repeat violation" means a violation of a provision of a code or ordinance by a person who has been previously found through a code enforcement board or any other quasi-judicial or judicial process, to have violated or who has admitted violating the same provision within 5 years prior to the violation, notwithstanding the violations occur at different locations. History.--s. 1, ch. 80-300; s. 4, ch. 82-37; s. 10, ch. 83-216; s. 3, ch. 86-201; s. 3, ch. 89-268; s. 3, ch. 99- 360; s. 22, ch. 2001-60. Note.--Former s. 166.054. 162.05 Local government code enforcement boards; organization.-- (1) The local governing body may appoint one or more code enforcement boards and legal counsel for the enforcement boards. The local governing body of a county or a municipality that has a population of less than 5,000 persons may appoint five-member or seven-member code enforcement boards. The local governing body of a county or a municipality that has a population equal to or greater than 5,000 persons must appoint seven-member code enforcement boards. The local governing body may appoint up to two alternate members for each code enforcement board to serve on the board in the absence of board members. (2) Members of the enforcement boards shall be residents of the municipality, in the case of municipal enforcement boards, or residents of the county, in the case of county enforcement boards. Appointments shall be made in accordance with applicable law and ordinances on the basis of experience or interest in the subject matter jurisdiction of the respective code enforcement board, in the sole discretion of the local governing body. The membership of each enforcement board shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor. (3)(a) The initial appointments to a seven-member code enforcement board shall be as follows: 1. Two members appointed for a term of 1 year each. 2. Three members appointed for a term of 2 years each. 3. Two members appointed for a term of 3 years each. (b) The initial appointments to a five-member code enforcement board shall be as follows: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0162/... 4/16/2009 Statutes & Constitution :View Statutes : Online Sunshine Page 4 of 14 1. One member appointed for a term of 1 year. 2. Two members appointed for a term of 2 years each. 3. Two members appointed for a term of 3 years each. Thereafter, any appointment shall be made for a term of 3 years. (c) The local governing body of a county or a municipality that has a population of less than 5,000 persons may reduce a seven-member code enforcement board to five members upon the simultaneous expiration of the terms of office of two members of the board. (d) A member may be reappointed upon approval of the local governing body. (e) An appointment to fill any vacancy on an enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two of three successive meetings without cause and without prior approval of the chair, the enforcement board shall declare the member's office vacant, and the local governing body shall promptly fill such vacancy. (f) The members shall serve in accordance with ordinances of the local governing body and may be suspended and removed for cause as provided in such ordinances for removal of members of boards. (4) The members of an enforcement board shall elect a chair, who shall be a voting member, from among the members of the board. The presence of four or more members shall constitute a quorum of any seven- member enforcement board, and the presence of three or more members shall constitute a quorum of any five-member enforcement board. Members shall serve without compensation, but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the local governing body or as are otherwise provided by law. (5) The local governing body attorney shall either be counsel to an enforcement board or shall represent the municipality or county by presenting cases before the enforcement board, but in no case shall the local governing body attorney serve in both capacities. History.--s. 1, ch. 80-300; s. 5, ch. 82-37; s. 4, ch. 86-201; s. 2, ch. 87-129; s. 4, ch. 89-268; s. 1, ch. 94- 291; s. 1441, ch. 95-147. Note.--Former s. 166.055. 162.06 Enforcement procedure.-- (1) It shall be the duty of the code inspector to initiate enforcement proceedings of the various codes; however, no member of a board shall have the power to initiate such enforcement proceedings. (2) Except as provided in subsections (3) and (4), if a violation of the codes is found, the code inspector shall notify the violator and give him or her a reasonable time to correct the violation. Should the http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0162/... 4/16/2009 Statutes & Constitution :View Statutes : Online Sunshine Page 5 of 14 violation continue beyond the time specified for correction, the code inspector shall notify an enforcement board and request a hearing. The code enforcement board, through its clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in s. 162.12 to said violator. At the option of the code enforcement board, notice may additionally be served by publication or posting as provided in s. 162.12. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the enforcement board even if the violation has been corrected prior to the board hearing, and the notice shall so state. (3) If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify an enforcement board and request a hearing. The code enforcement board, through its clerical staff, shall schedule a hearing and shall provide notice pursuant to s. 162.12. The case may be presented to the enforcement board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state. If the repeat violation has been corrected, the code enforcement board retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to waive his or her rights to this hearing and pay said costs as determined by the code enforcement board. (4) If the code inspector has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the enforcement board and request a hearing. (5) If the owner of property that is subject to an enforcement proceeding before an enforcement board, special magistrate, or court transfers ownership of such property between the time the initial pleading was served and the time of the hearing, such owner shall: (a) Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee. (b) Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the transferor. (c) Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding. (d) File a notice with the code enforcement official of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within 5 days after the date of the transfer. A failure to make the disclosures described in paragraphs (a), (b), and (c) before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0162/... 4/16/2009 Statutes & Constitution :View Statutes : Online Sunshine Page 6 of 14 History.--s. 1, ch. 80-300; s. 5, ch. 86-201; s. 1, ch. 87-391; s. 5, ch. 89-268; s. 2, ch. 94-291; s. 1442, ch. 95-147; s. 2, ch. 96-385; s. 4, ch. 99-360; s. 64, ch. 2004-11. Note.--Former s. 166.056. 162.07 Conduct of hearing.-- (1) Upon request of the code inspector, or at such other times as may be necessary, the chair of an enforcement board may call a hearing of an enforcement board; a hearing also may be called by written notice signed by at least three members of a seven-member enforcement board or signed by at least two members of a five-member enforcement board. Minutes shall be kept of all hearings by each enforcement board, and all hearings and proceedings shall be open to the public. The local governing body shall provide clerical and administrative personnel as may be reasonably required by each enforcement board for the proper performance of its duties. (2) Each case before an enforcement board shall be presented by the local governing body attorney or by a member of the administrative staff of the local governing body. If the local governing body prevails in prosecuting a case before the enforcement board, it shall be entitled to recover all costs incurred in prosecuting the case before the board and such costs may be included in the lien authorized under s. 162.09(3). (3) An enforcement board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The enforcement board shall take testimony from the code inspector and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. (4) At the conclusion of the hearing, the enforcement board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted herein. The finding shall be by motion approved by a majority of those members present and voting, except that at least four members of a seven-member enforcement board, or three members of a five-member enforcement board, must vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed and, under the conditions specified in s. 162.09(1), the cost of repairs may be included along with the fine if the order is not complied with by said date. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the enforcement board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance. History.--s. 1, ch. 80-300; s. 6, ch. 82-37; s. 44, ch. 83-217; s. 6, ch. 86-201; s. 6, ch. 89-268; s. 3, ch. 94- 291; s. 1443, ch. 95-147; s. 2, ch. 95-297. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0162/... 4/16/2009 Statutes & Constitution :View Statutes : Online Sunshine Page 7 of 14 Note.--Former s. 166.057. 162.08 Powers of enforcement boards.--Each enforcement board shall have the power to: (1) Adopt rules for the conduct of its hearings. (2) Subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by the sheriff of the county or police department of the municipality. (3) Subpoena evidence to its hearings. (4) Take testimony under oath. (5) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance. History.--s. 1, ch. 80-300; s. 7, ch. 82-37; s. 7, ch. 86-201; s. 7, ch. 89-268. Note.--Former s. 166.058. 162.09 Administrative fines; costs of repair; liens.-- (1) An enforcement board, upon notification by the code inspector that an order of the enforcement board has not been complied with by the set time or upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the enforcement board for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the code inspector. In addition, if the violation is a violation described in s. 162.06(4), the enforcement board shall notify the local governing body, which may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. Making such repairs does not create a continuing obligation on the part of the local governing body to make further repairs or to maintain the property and does not create any liability against the local governing body for any damages to the property if such repairs were completed in good faith. If a finding of a violation or a repeat violation has been made as provided in this part, a hearing shall not be necessary for issuance of the order imposing the fine. If, after due notice and hearing, a code enforcement board finds a violation to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in paragraph (2)(a). (2)(a) A fine imposed pursuant to this section shall not exceed $250 per day for a first violation and shall not exceed $500 per day for a repeat violation, and, in addition, may include all costs of repairs pursuant to subsection (1). However, if a code enforcement board finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000 per violation. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0162/... 4/16/2009 Statutes & Constitution :View Statutes : Online Sunshine Page 8 of 14 (b) In determining the amount of the fine, if any, the enforcement board shall consider the following factors: 1. The gravity of the violation; 2. Any actions taken by the violator to correct the violation; and 3. Any previous violations committed by the violator. (c) An enforcement board may reduce a fine imposed pursuant to this section. (d) A county or a municipality having a population equal to or greater than 50,000 may adopt, by a vote of at least a majority plus one of the entire governing body of the county or municipality, an ordinance that gives code enforcement boards or special magistrates, or both, authority to impose fines in excess of the limits set forth in paragraph (a). Such fines shall not exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a repeat violation, and up to $15,000 per violation if the code enforcement board or special magistrate finds the violation to be irreparable or irreversible in nature. In addition to such fines, a code enforcement board or special magistrate may impose additional fines to cover all costs incurred by the local government in enforcing its codes and all costs of repairs pursuant to subsection (1). Any ordinance imposing such fines shall include criteria to be considered by the code enforcement board or special magistrate in determining the amount of the fines, including, but not limited to, those factors set forth in paragraph (b). (3) A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order shall be enforceable in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the local governing body, and the local governing body may execute a satisfaction or release of lien entered pursuant to this section. After 3 months from the filing of any such lien which remains unpaid, the enforcement board may authorize the local governing body attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. No lien created pursuant to the provisions of this part may be foreclosed on real property which is a homestead under s. 4, Art. X of the State Constitution. The money judgment provisions of this section shall not apply to real property or personal property which is covered under s. 4(a), Art. X of the State Constitution. History.--s. 1, ch. 80-300; s. 8, ch. 82-37; s. 2, ch. 85-150; s. 8, ch. 86-201; s. 2, ch. 87-391; s. 8, ch. 89- 268; s. 4, ch. 94-291; s. 1, ch. 95-297; s. 5, ch. 99-360; s. 1, ch. 2000-125; s. 65, ch. 2004-11. Note.--Former s. 166.059. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0162/... 4/16/2009 Statutes & Constitution :View Statutes : Online Sunshine Page 9 of 14 162.10 Duration of lien.--No lien provided under the Local Government Code Enforcement Boards Act shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action is commenced pursuant to s. 162.09(3) in a court of competent jurisdiction. In an action to foreclose on a lien or for a money judgment, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the action. The local governing body shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. History.--s. 9, ch. 82-37; s. 9, ch. 86-201; s. 9, ch. 89-268; s. 5, ch. 94-291; s. 2, ch. 2000-125. 162.11 Appeals.--An aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the enforcement board. An appeal shall be filed within 30 days of the execution of the order to be appealed. History.--s. 1, ch. 80-300; s. 10, ch. 82-37; s. 3, ch. 85-150; s. 10, ch. 86-201. Note.--Former s. 166.061. 162.12 Notices.-- (1) All notices required by this part shall be provided to the alleged violator by: (a) Certified mail, return receipt requested, provided if such notice is sent under this paragraph to the owner of the property in question at the address listed in the tax collector's office for tax notices, and at any other address provided to the local government by such owner and is returned as unclaimed or refused, notice may be provided by posting as described in subparagraphs (2)(b)1. and 2. and by first class mail directed to the addresses furnished to the local government with a properly executed proof of mailing or affidavit confirming the first class mailing; (b) Hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body; (c) Leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or (d) In the case of commercial premises, leaving the notice with the manager or other person in charge. (2) In addition to providing notice as set forth in subsection (1), at the option of the code enforcement board, notice may also be served by publication or posting, as follows: (a)1. Such notice shall be published once during each week for 4 consecutive weeks (four publications http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0162/... 4/16/2009 Statutes & Constitution :View Statutes : Online Sunshine Page 10 of 14 being sufficient) in a newspaper of general circulation in the county where the code enforcement board is located. The newspaper shall meet such requirements as are prescribed under chapter 50 for legal and official advertisements. 2. Proof of publication shall be made as provided in ss. 50.041 and 50.051. (b)1. In lieu of publication as described in paragraph (a), such notice may be posted at least 10 days prior to the hearing, or prior to the expiration of any deadline contained in the notice, in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be, in the case of municipalities, at the primary municipal government office, and in the case of counties, at the front door of the courthouse or the main county governmental center in said county. 2. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (c) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (1). Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (1), together with proof of publication or posting as provided in subsection (2), shall be sufficient to show that the notice requirements of this part have been met, without regard to whether or not the alleged violator actually received such notice. History.--s. 1, ch. 80-300; s. 11, ch. 86-201; s. 3, ch. 87-391; s. 10, ch. 89-268; s. 6, ch. 94-291; s. 6, ch. 99-360; s. 3, ch. 2000-125. Note.--Former s. 166.062. 162.125 Actions for money judgments under this chapter; limitation.--Actions for money judgments under this chapter may be pursued only on fines levied after October 1, 2000. History.--s. 4, ch. 2000-125. 162.13 Provisions of act supplemental.--It is the legislative intent of ss. 162.01-162.12 to provide an additional or supplemental means of obtaining compliance with local codes. Nothing contained in ss. 162.01-162.12 shall prohibit a local governing body from enforcing its codes by any other means. History.--s. 11, ch. 82-37. PART II SUPPLEMENTAL COUNTY OR MUNICIPAL CODE OR ORDINANCE ENFORCEMENT PROCEDURES 162.21 Enforcement of county or municipal codes or ordinances; penalties. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0162/... 4/16/2009 Statutes & Constitution :View Statutes : Online Sunshine Page 11 of 14 162.22 Designation of enforcement methods and penalties for violation of municipal ordinances. 162.23 Notice to appear. 162.30 Civil actions to enforce county and municipal ordinances. 162.21 Enforcement of county or municipal codes or ordinances; penalties.-- (1) As used in this section, "code enforcement officer" means any designated employee or agent of a county or municipality whose duty it is to enforce codes and ordinances enacted by the county or municipality. (2) A county or a municipality may designate certain of its employees or agents as code enforcement officers. The training and qualifications of the employees or agents for such designation shall be determined by the county or the municipality. Employees or agents who may be designated as code enforcement officers may include, but are not limited to, code inspectors, law enforcement officers, animal control officers, or firesafety inspectors. Designation as a code enforcement officer does not provide the code enforcement officer with the power of arrest or subject the code enforcement officer to the provisions of ss. 943.085-943.255. Nothing in this section amends, alters, or contravenes the provisions of any state-administered retirement system or any state-supported retirement system established by general law. (3)(a) A code enforcement officer is authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted code or ordinance and that the county court will hear the charge. (b) Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the time period, a code enforcement officer may issue a citation to the person who has committed the violation. A code enforcement officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if a repeat violation is found or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. (c) A citation issued by a code enforcement officer shall be in a form prescribed by the county or the municipality and shall contain: 1. The date and time of issuance. 2. The name and address of the person to whom the citation is issued. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0162/... 4/16/2009 Statutes & Constitution :View Statutes : Online Sunshine Page 12 of 14 3. The date and time the civil infraction was committed. 4. The facts constituting reasonable cause. 5. The number or section of the code or ordinance violated. 6. The name and authority of the code enforcement officer. 7. The procedure for the person to follow in order to pay the civil penalty or to contest the citation. 8. The applicable civil penalty if the person elects to contest the citation. 9. The applicable civil penalty if the person elects not to contest the citation. 10. A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, the person shall be deemed to have waived his or her right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. (4) After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original citation and one copy of the citation with the county court. (5) A county or a municipality is authorized to enforce codes and ordinances under the provisions of this section and may enact an ordinance establishing procedures for the implementation of such provisions, including a schedule of violations and penalties to be assessed by code enforcement officers. If a county or municipality chooses to enforce codes or ordinances under the provisions of this section, each code or ordinance or the ordinance enacted by the county or municipality establishing procedures for implementation of this section shall provide: (a) That a violation of a code or an ordinance is a civil infraction. (b) A maximum civil penalty not to exceed $500. (c) A civil penalty of less than the maximum civil penalty if the person who has committed the civil infraction does not contest the citation. (d) For the issuance of a citation by a code enforcement officer who has reasonable cause to believe that a person has committed an act in violation of a code or an ordinance. (e) For the contesting of a citation in county court. (f) Such procedures and provisions as are necessary to provide for the enforcement of a code or an ordinance under the provisions of this section. (6) Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0162/... 4/16/2009 Statutes & Constitution :View Statutes : Online Sunshine Page 13 of 14 shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (7) The provisions of this part shall not apply to the enforcement pursuant to ss. 553.79 and 553.80 of the Florida Building Code adopted pursuant to s. 553.73 as applied to construction, provided that a building permit is either not required or has been issued by the county or the municipality. (8) The provisions of this section are additional and supplemental means of enforcing county or municipal codes or ordinances and may be used for the enforcement of any code or ordinance, or for the enforcement of all codes and ordinances. Nothing contained in this section shall prohibit a county or municipality from enforcing its codes or ordinances by any other means. History.--s. 11, ch. 89-268; s. 7, ch. 94-291; s. 1444, ch. 95-147; s. 3, ch. 96-385; s. 4, ch. 98-287; s. 115, ch. 2000-141; s. 35, ch. 2001-186; s. 4, ch. 2001-372. 162.22 Designation of enforcement methods and penalties for violation of municipal ordinances.--The governing body of a municipality may designate the enforcement methods and penalties to be imposed for the violation of ordinances adopted by the municipality. These enforcement methods may include, but are not limited to, the issuance of a citation, a summons, or a notice to appear in county court or arrest for violation of municipal ordinances as provided for in chapter 901. Unless otherwise specifically authorized and provided for by law, a person convicted of violating a municipal ordinance may be sentenced to pay a fine, not to exceed $500, and may be sentenced to a definite term of imprisonment, not to exceed 60 days, in a municipal detention facility or other facility as authorized by law. History.--s. 1, ch. 94-255. 162.23 Notice to appear.-- (1) Notwithstanding s. 34.07, a code enforcement officer, designated pursuant to s. 162.21(1) and (2), may issue a notice to appear at any hearing conducted by a county court if the officer, based upon personal investigation, has reasonable cause to believe that the person has violated a code or ordinance. A notice to appear means a written order issued by a code enforcement officer in lieu of physical arrest requiring a person accused of violating the law to appear in a designated court or governmental office at a specified date and time. If a person issued a notice to appear under this section refuses to sign such notice, the code enforcement officer has no authority to arrest such person. (2) Prior to issuing a notice to appear, a code enforcement officer shall provide written notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no fewer than 5 days and no more than 30 days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the prescribed time period, a code enforcement officer may issue a notice to appear to the person who has committed the violation. A code enforcement officer is not required to provide the person with a reasonable time period to correct the violation prior to issuing a notice to appear and may immediately issue a notice to appear if a repeat violation is found, or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0162/... 4/16/2009 Statutes & Constitution :View Statutes : Online Sunshine Page 14 of 14 health, safety, or welfare or that the violator is engaged in violations of an itinerant or transient nature, as defined by local code or ordinance within the jurisdiction, or if the violation is irreparable or irreversible. History.--s. 1, ch. 96-385; s. 7, ch. 99-360. 162.30 Civil actions to enforce county and municipal ordinances.--In addition to other provisions of law authorizing the enforcement of county and municipal codes and ordinances, a county or municipality may enforce any violation of a county or municipal code or ordinance by filing a civil action in the same manner as instituting a civil action. The action shall be brought in county or circuit court, whichever is appropriate depending upon the relief sought. Counties and municipalities are authorized and required to pay any counsel appointed by the court to represent a private party in such action if the provision of counsel at public expense is required by the Constitution of the United States or the Constitution of the State of Florida and if the party is indigent as established pursuant to s. 27.52. The county or municipality shall bear all court fees and costs of any such action, and may, if it prevails, recover the court fees and costs and expense of the court-appointed counsel as part of its judgment. The state shall bear no expense of actions brought under this section except those that it would bear in an ordinary civil action between private parties in county court. History.--s. 87, ch. 2003-402. Copyright©1995-2009 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0162/... 4/16/2009 Flo Select Year:. 201 o T Go Const. Lay._ _. Florida Legislative ft The 2010 Florida Statutes Executive Branch Lobbyists Title XI Chapter 162 View Entire COUNTY ORGANIZATION AND COUNTY OR MUNICIPAL Chapter access TERGOVERNMENTAL RELATIONS CODE ENFORCEMENT LobbyistsLegi slative 162.05 Lobbyist Local government code enforcement boards; organization. DirectoryExe cutive — Lobbyis DirectoryLegi (1) slative Branch The local governing body may appoint one or more code enforcement boards Lobbying and legal counsel for the enforcement boards. The local governing body of a Firm Directo county or a municipality that has a population of less than 5,000 persons may Executive appoint five-member or seven-member code enforcement boards. The local Branch governing body of a county or a municipality that has a population equal to or Lobbying Firm greater than 5,000 persons must appoint seven-member code enforcement DirectoryReg boards. The local governing body may appoint up to two alternate members for istration and Othe each code enforcement board to serve on the board in the absence of board FormsVie Compensatio members. n (2) ReportsCreat e and Submi Members of the enforcement boards shall be residents of the municipality, in Compensatio n the case of municipal enforcement boards, or residents of the county, in the Reportslnfor mation Center case of county enforcement boards. Appointments shall be made in accordance with applicable law and ordinances on the basis of experience or interest in the subject matter jurisdiction of the respective code enforcement board, in the sole discretion of the local governing body. The membership of each enforcement board shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor. Joint Legislative (3)(a) Committees The initial appointments to a seven-member code enforcement board shall be as follows: Joint dministrati 1. Committee (JAPC)Join Two members appointed for a term of 1 year each. Committee 2. on Public Counse Three members appointed for a term of 2 years each. Oversight(JC PO)Florida 3. Legislative Two members appointed for a term of 3 years each. Committee on (b) I ntergovernm ental The initial appointments to a five-member code enforcement board shall be Relations as follows: (LCIR)Joint Legislative 1, Committee on One member appointed for a term of 1 year. Everglades Oversight 2. (JCEO)Joint Two members appointed for a term of 2 years each. Legislative Sunset 3, Committee (JCSC)Joint Two members appointed for a term of 3 years each. Legislative ,uditin• Thereafter, any appointment shall be made for a term of 3 years. Committee (c) (JLAC)Join Legislative The local governing body of a county or a municipality that has a population Budget Commission of less than 5,000 persons may reduce a seven-member code enforcement board (JCLB)Joint to five members upon the simultaneous expiration of the terms of office of two Select Committee members of the board. on Collective Bargaining (d) (JSCB)Legisl ative Employment A member may be reappointed upon approval of the local governing body Legistore Links Interpreter Service for the Hearing Imps (e) An appointment to fill any vacancy on an enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two of three successive meetings without cause and without prior approval of the chair, the enforcement board shall declare the member's office vacant, and the local governing body shall promptly fill such vacancy. (f) • The members shall serve in accordance with ordinances of the local governing body and may be suspended and removed for cause as provided in such ordinances for removal of members of boards. (4) The members of an enforcement board shall elect a chair, who shall be a voting member, from among the members of the board. The presence of four or more members shall constitute a quorum of any seven-member enforcement board, and the presence of three or more members shall constitute a quorum of any five-member enforcement board. Members shall serve without compensation, but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the local governing body or as are otherwise provided by law. (5) The local governing body attorney shall either be counsel to an enforcement board or shall represent the municipality or county by presenting cases before the enforcement board, but in no case shall the local governing body attorney serve in both capacities. History. s. 1, ch. 80-300; s. 5, ch. 82-37; s. 4, ch. 86-201; s. 2, ch. 87-129; s. 4, ch. 89-268; s. 1, ch. 94-291; s. 1441, ch. 95-147. Note. Former s. 166.055. Privacy Statement Page 1 of 14 Boynton Beach,FL Code of Ordinances PART II CODE OF ORDINANCES Chapter 2 ADMINISTRATION* ARTICLE V.CODE COMPLIANCE BOARD ARTICLE V. CCOMPLIANCE BOARD *Cross reference-Minimum qualifications for appointment and membership on boards, § 2-16. Sec. 2-72. Intent. Declaration of legislative intent. It is the intent of this article to promote,protect and improve the health, safety and welfare of the citizens and residents of the city by authorizing the creation of an administrative board with authority to impose penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing any codes and ordinances in force in the city where a pending or repeated violation continues to exist. (Ord. No. 79-28,.§ 1, 9-18-79; Ord. No. 90-13, § 2, 6-19-90) Sec. 2-73. Definitions. As used in this article: Board attorney means the city attorney or designated board attorney of the city. Code inspector means those authorized agents or employees of the city whose duty itis to insure code compliance. Enforcement board means a code compliance board. Repeat violation means a violation of a provision of a code or ordinance by a person who has previously been found through a code enforcement board or any other quasi-judicial process to have violated or has admitted violating the same provision within five (5)years prior to the violation, notwithstanding the violations occur at different locations. (Ord. No. 79-28, § 3, 9-18-79; Ord. No. 87- 1, § 1, 2-3-87; Ord. No. 90-13, § 4, 6-19-90; Ord. No. 97-51, § 1, 11-18-97; Ord. No. 00-10, § 2, 4-4-00) Sec. 2-74. Creation, appointment, organization of board. The city commission may appoint one (1) or more seven-member code compliance boards, and legal counsel for such boards. The members shall have the following qualifications and terms of office: (a) Members of an enforcement board shall be residents of the city. Appointments shall be made in accordance with applicable law and ordinances on the basis of experience or interest in the subject matter [under the]jurisdiction of the code compliance board. (b) In order that terms of office of all members,will not expire at the same time,the initial appointments to an enforcement board shall be as follows: Two (2) members shall be appointed for a term of one (1) year. http://amlegal.com/nxt/gateway.dll/Florida!Boynton/partiicodeofordinances/chapter2admin... 3/10/2009 Page 2 of 14 Two (2) members shall be appointed for a term of two (2)years. Two (2) members shall be appointed for a term of three (3) years. The seventh regular member of the board appointed when the number of board members was raised from six (6) shall at the time of his appointment serve for a period of three (3) years. Thereafter, all appointments and terms shall be for a term of three (3)years. Any member may be reappointed from term to term upon approval of the city commission. Appointments to fill any vacancy on an enforcement board shall be for the remainder of the unexpired term of office. If any member falls to attend two (2) of three (3) successive meetings without cause and without prior approval of the chairman, the enforcement board shall declare the members' office vacant, and the city commission shall promptly fill such vacancy. The members shall serve at the pleasure of the city commission and may be removed as provided in the city Code of Ordinances for removal of members of the planning and zoning board. (c) The members of an enforcement board shall elect a chairman. The presence of four (4) or more members shall constitute a quorum of the enforcement board. Members shall serve without compensation, but may be reimbursed for such travel expenses, mileage expenses, and per diem expenses as may be authorized by the city commission. (d) The city commission hereby appoints the city attorney or his designee as legal counsel for the code compliance board. (Ord. No. 79-28, § 4, 9-18-79; Ord. No. 79-35, § 1, 11-21-79; Ord. No. 80-38, § 2, 9-2-80; Ord. No. 82- 19, § 1, 8-3-82; Ord. No. 87-1, § 2, 2-3-87; Ord. No. 87-14, § 1, 6-16-87; Ord. No. 87-19, § 1, 7-21-87; Ord. No. 90-13, §§ 5-7, 6-19-90; Ord. No. 97-51, § 1, 11-18-97) Sec. 2-75. Provisions wider jurisdiction of boards. The code enforcement boards shall compliance and have jurisdiction of the following codes: Part II, Code of Ordinances fire codes, Chapter 9, licenses, Chapter 13 as well as Part III, Land Development Regulations planning and development generally, Chapter 1.5; zoning Chapter 2; planned unit developments, Chapter 2.5; community design plan, Chapter 9; building, housing and construction, Chapter 20; signs, Chapter 21; parking lots, Chapter 23; and related technical codes in force in the city. (Ord. No. 79-28, § 2, 9-18-79; Ord. No. 87-1, § 3, 2-3-87; Ord. No. 88-39, § 1, 9-7-88; Ord. No. 88- 57, § 1, 12-6-88; Ord. No. 96-43, § 1, 10-2-96; Ord. No. 97-51, § 1, 11-18-97) Cross references-Prosecution before code compliance board for failure to place street numbers on buildings, § 15-16(e); acting as nuisance abatement board, § 10-56. Sec. 2-76. Enforcement procedure. (a) It shall be the duty of the code inspector to initiate enforcement proceedings of the various codes; however, no member of the board shall have the power to initiate enforcement proceedings. (b) If a violation of the codes is found, the code inspector shall notify the violator, unless http://amlegal.com/nxt/gateway.dll/Florida/Boynton/partiicodeofordinances/chapter2admin... 3/10/2009 Page 3 of 14 subsection (c) of this section applies, and give said violator a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall notify an enforcement board and request a hearing. The code compliance board, through its clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in section 2-81 to the said violator. At the option of the code compliance board, notice may additionally be served by publication or posting as provided in section 2-81. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the enforcement board even if the violation has been corrected prior to the board hearing and the notice shall so state. (c) If the code inspector has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety and welfare, or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the enforcement board and request a hearing. (d) If a repeat violation is found, the code inspector shall notify the violator, but it is not required that he give the violator a reasonable time to correct the violation. The code inspector, after notifying the violator of a repeat violation, shall notify the code enforcement board and request a hearing. The code compliance board, through its clerical staff, shall schedule a hearing and shall provide notice pursuant to section 2-81. The case may be presented to the code compliance board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state. (e) If the owner of property which is subject to an enforcement proceeding before an enforcement board, special master, or court transfers ownership of such property between the time and initial pleading was served and the time of the hearing, such owner shall: 1. Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee. 2. Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the transferor. 3. Disclose, in writing, to the prospective transferee that a new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding. 4. File a notice with the code enforcement official of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within 5 days after the date of the transfer. A failure to make the disclosures described in paragraphs 1, 2, and 3 before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held. (Ord. No. 79-82, § 5, 9-18-79; Ord. No. 87-1, § 4, 2-3-87; Ord. No. 87-36, § 1, 10-20-87; Ord.No. 90- 13, §§ 8, 9, 6-19-90; Ord. No. 94-57, § 1, 1-3-95; Ord. No. 97-51, § 1, 11-18-97; Ord. No. 00-10, § 3, 4- 4-00) Sec. 2-77. Conduct of hearing. http://amlegal.com/nxt/gateway.dll/Florida/Boynton/partiicodeofordinances/chapter2admin... 3/10/2009 Page 4 of 14 (a) Upon request of the code inspector, or at such other times as may be necessary, the chairman of an enforcement board may call a hearing of an enforcement board; a hearing may also be called by written notice signed by at least three (3) members of an enforcement board. Minutes shall be kept of all hearings by each enforcement board and all hearings shall be open to the public. The city clerk shall provide clerical and administrative personnel as may be reasonably required by each enforcement board for the proper performance of its duties. (b) Each case before an enforcement board shall be presented by a member of the building department administrative staff. If the local governing body prevails in prosecuting a case before the enforcement board, it shall be entitled to recover all costs incurred prosecuting the case before the board. (c) An enforcement board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The enforcement board shall take testimony from the code inspector and alleged violator. Formal rules of evidence shall not apply; however, fundamental due process shall be observed and govern said proceedings. (d) At the hearing the burden of proof shall be upon the administrative official to show by preponderance of the evidence that a violation does exist. Assuming proper notice of the hearing has been provided to the respondent, a hearing may proceed in the absence of the respondent. (e) At the conclusion of the hearing the enforcement board shall issue findings of fact, based on evidence of record, and conclusions of law and shall issue an order affording the proper relief consistent with powers granted herein. The findings shall be by motion approved by a majority of those present and voting, except that at least four (4) members of the enforcement board must vote for the action to be official. The order may include a notice that it must be complied with by a specific date, and that a fine may be imposed and, under the conditions specified in section 2-79,the cost of repairs may be included along with the fine, if the order is not complied with by said date; a certified copy of the order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator, if the violation concerns real property, any subsequent purchasers, successors in interest or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the enforcement board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance. (Ord. No. 79-28, § 6, 9-18-79; Ord. No. 79-35, § 1, 11-21-79; Ord. No. 82-19, § 2, 8-3-82; Ord. No. 87.1, § 5, 2-3-87; Ord. No. 90-13, §§ 10, 11, 6-19-90; Ord. No. 94-57, § 2, 1-3-95) Sec. 2-78. Powers of boards. Each enforcement board shall have the power to: (a) Adopt rules for the conduct of its hearings. (b) Subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by the city's police department or by the sheriff of the county. (c) Subpoena evidence to its hearings. (d) Take testimony under oath. http://amlegal.com/nxt/gateway.dll/Florida/Boynton/partiicodeofordinances/chapter2admin... 3/10/2009 Page 5 of 14 (e) Issue orders having the force of law commanding whatever steps are necessary to bring a violation into compliance. (Ord.No. 79-28, § 7, 9-18-79; Ord. No. 81-71, § 6, 2-3-87; Ord. No. 90-13, § 12, 6-19-90) Sec. 2-79. Administrative fine; liens. (a) The enforcement board, upon notification by the code inspector, that an order of the enforcement board has not been complied with by the said time, or, upon finding that a repeat violation has been committed, may order the violator to pay a fine not to exceed one thousand dollars ($1000.00) per day for a first violation and not to exceed five thousand dollars ($5000.00) per day for a repeat violation and up to fifteen thousand dollars ($15000) per violation if the code enforcement board finds the violation to be irreparable or irreversible in nature for each day the violation continues past the date set by the enforcement board for compliance or, in the case of a repeat violation for each day the repeat violation continues beginning with the date the repeat violation is found to have occurred by the code inspector. In addition, if the violation is a violation described in section 2-76(c), the enforcement board may render an order which includes authority for the City to make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. The City Manager or his designee shall have authority to initiate repairs to bring the property into compliance. When City action is taken the property owner shall be issued an invoice for the reasonable cost of repairs. Making such repairs does not create a continuing obligation on the part of the city to make further repairs or to maintain the property and does not create any liability against the local governing body for any damages to the property if such repairs were completed in good faith. (b) In determining the amount of the fine, if any, the enforcement board shall consider the following factors: (1) The gravity of the violation; (2) Any actions taken by the violator to correct the violation; and (3) Any previous violations committed by the violator. (c) A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order shall be enforceable in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. After three (3) months from the filing of any such lien which remains unpaid,the enforcement board may authorize the city attorney to foreclose on the lien. No lien created pursuant to the provisions of this part may be enforced on real property which is a homestead under Section 4, Article X of the State Constitution. (Ord. No. 79-82, § 8, 9-18-79; Ord.No. 82-19, § 3, 8-3-82; Ord. No. 87-1, § 7, 2-3-87; Ord. No. 87- 36, § 2, 10-20-87; Ord. No. 90-13, §§ 13, 14, 6-19-90; Ord. No. 94-57, § 3, 1-3-95; Ord. No. 00-10, § 4, 4-4-00; Ord. No. 08-010, § 2, 5-20-08) http://amlegal.com/nxt/gateway.dll/Florida/Boynton/partiicodeofordinances/chapter2admin... 3/10/2009 Page 6 of 14 Sec. 2-79.5. Duration of lien. No lien provided under this article shall continue for a period longer than twenty (20)years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorneys fee, that are incurred in the foreclosure. The city shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation of the lien effected by the commencement of the action shall not be good against creditors, or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. (Ord. No. 82-19, § 4, 8-3-82; Ord.No. 87-1, § 8, 2-3-87; Ord. No. 90-13, § 15, 6-19-90; Ord. No. 94- 57, § 4, 1-3-95) Sec. 2-80. Appeal. An aggrieved party, including the city commission, may appeal a final administrative order of an enforcement board to the circuit court of Palm Beach County. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the enforcement board. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. (Ord. No. 79-28, § 9, 9-18-79; Ord. No. 82-19, § 5, 8-3-82; Ord. No. 81-7, § 9, 2-3-87; Ord. No. 90- 13, § 15, 6-19-90) Sec. 2-81. Service of notices. (a) All notices required by this act shall be provided to the alleged violator by: (1) Certified mail, return receipt requested, provided if such notice is sent under this paragraph to the owner of the property in question at the address listed in the tax collector's office for tax notices, and at any other address provided to the city by such owner and is returned as unclaimed or refused, notice may be provided by posting as described in subparagraphs (b)(1) and (2), and by first class mail directed to the addresses furnished to the city with a properly executed proof of mailing or affidavit confirming the first class mailing; (2) Hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the city; (3) Leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or (4) In the case of commercial premises, leaving the notice with the manager or other person in charge. (b) In addition to providing notice as set forth in subsection (a), at the option of the code compliance board, notice may also be served by publication or posting, as follows: (1) a. Such notice shall be published once during each week for four (4) consecutive weeks (four http://amlegal.com/nxt/gateway.dll/Florida/Boynton/partiicodeofordinances/chapter2admin... 3/10/2009 Page 7 of 14 (4) publications being sufficient) in a newspaper of general circulation in the county where the code compliance board is located. The newspaper shall meet such requirements as are prescribed under Chapter 50, Florida Statutes, for legal and official advertisements. b. Proof of publication shall be made as provided in Sections 50.041 and 50.051, Florida Statutes. (2) a. In lieu of publication as described in paragraph (b)(1), such notice shall be posted at least ten (10) days prior to the hearing, or prior to the expiration of any deadline contained in the notice in at least two (2) locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at the City Hall of Boynton Beach. b. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (3) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection(a). Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (a), together with proof of publication or posting as provided in subsection (b), shall be sufficient to show that the notice requirements of this chapter have been met; without regard to whether or not the alleged violator actually received such notice. (Ord. No. 79-28, § 10, 9-18-79; Ord. No. 87-1, § 10, 2-3-87; Ord. No. 87-36, § 3, 10-20-87; Ord. No. 94-57, § 5, 1-3-95; Ord. No. 97-51, § 1, 11-18-97; Ord. No. 00-10, § 5, 4-4-00) Sec. 2-82. Alternative code enforcement system. The city hereby adopts an alternative code enforcement system which shall provide the code compliance board or special masters, hereinafter described and designated by the city commission, the authority to hold hearings and assess fines against violators of the codes and ordinances of the city. (Ord. No. 90-13, § 3, 6-19-90; Ord. No. 97-51, § 1, 11-18-97) Sec. 2-83. Enforcement of the codes and ordinances; penalties. (a) As used in this section, code enforcement officer means any designated employee or agent of the City of Boynton Beach whose duty it is to enforce codes and ordinances enacted by the city. (b) The city may designate certain of its employees or agents as code enforcement officers. The training and qualifications of the employed or agents for such designation shall be determined by the city. Employees or agents who may be designated as code enforcement officers may include, but are not limited to code inspectors, law enforcement officers, animal control officers, or fire safety inspectors designation as a code enforcement officer does not provide the code enforcement officer with the power of arrest or subject the code enforcement officer to the provisions of Sections 943.085 through 943.255, Florida Statutes, as amended. Nothing in this section amends, alters or contravenes the provisions of any state administered retirement system or any state supported retirement system established by general law. http://amlegal.com/nxt/gateway.dll/Florida/boynton/partiicodeofordinances/chapter2admin... 3/10/2009 Page 8 of 14 (c) (1) A code enforcement officer is authorized to issue a citation to a person when based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civic infraction in violation of a duly enacted code or ordinance and the county court will hear the charge. (2) Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of the code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than thirty (30) days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the time period, a code enforcement officer may issue a citation to the person who has committed the violation. A code enforcement officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if a repeat violation is found or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible, or if the violator is engaged in violations of an itinerant or transient nature, as defined by local code or ordinance within the jurisdiction. (3) A citation issued by a code enforcement officer shall be in a form prescribed by the city and shall contain: a. The date and time of issuance. b. The name and address of the person to whom the citation is issued. c. The date and time the civil infraction was committed. d. The facts constituting reasonable cause. e. The number or section of the code or ordinance violated. f. The name and authority of the code enforcement officer. g. The procedure for the person to follow in order to pay the civil penalty or to contest the citation. h. The applicable civil penalty if the person elects to contest the citation. i. The applicable civil penalty if the person elects not to contest the citation. j. A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and that, in such case,judgement may be entered against the person for an amount up to the maximum civil penalty. (d) After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original citation and one copy of the citation with the Palm Beach County Court. (e) The city is authorized to enforce its codes and ordinances under the provisions of this section and by the enactment of Ordinance No. 90-13, the city shall by separate ordinance set forth procedures for the implementation of such provisions, including a schedule of violations and penalties to be assessed by code enforcement officers. If the city chooses to enforce this section, each code or ordinance http://amlegal.com/nxt/gateway.dll/Florida/Boynton/partiicodeofordinances/chapter2admin... 3/10/2009 Page 9 of 14 enacted by the city establishing procedures for implementation of this section shall provide: (1) That a violation of a code or an ordinance is a civil infraction. (2) A maximum civil penalty not to exceed five hundred dollars ($500.00). (3) A civil penalty of less than the maximum civil penalty if the person who has committed the civil infraction does not contest the citation. (4) For the issuance of a citation by a code enforcement officer who has reasonable cause to believe that a person has committed an act in violation of a code or ordinance. (5) For the contesting of a citation in county court. (6) Such procedures and provisions as are necessary to provide for the enforcement of a code or ordinance under the provisions of this section. (f) Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in Section 775.082 or Section 775.083, Florida Statutes. (g) The provisions of this section shall not apply to the enforcement pursuant to Florida Statutes, Sections, 553.79 and 553.80 or building codes adopted pursuant to Section 553.73 as they apply to construction provided that a building permit is either not required or has been issued by the city. For the purposes of this subsection, "building codes"means only those codes adopted pursuant to Section 553.73, Florida Statutes. (h) The provisions of this section are additional and supplemental means of enforcing the city's codes and ordinances and may be used for the enforcement of any code or ordinance, or for the enforcement of all codes and ordinances. Nothing contained in this section shall prohibit the city from enforcing its codes or ordinances by any other means. (Ord. No. 90-13, § 15, 6-19-90; Ord. No. 94-57, § 6, 1-3-95; Ord. No. 00-10, § 6, 4-4-00) Sec. 2-84. Lien reduction procedure. The lien reduction procedure is applicable to a lien, which is in effect subsequent to the issuance of an affidavit of noncompliance, pursuant to section 2-79. (Ord. No. 90-13, § 15, 6-19-90; Ord. No. 04-042, § 1, 7-6-04) Sec. 2-85. Criteria for lien reduction. The following criteria must be complied with prior to a lien reduction hearing before the Code Compliance Board: (1) The property in question must be in total code compliance and an affidavit of compliance must be issued for the code compliance case that is being appealed. http://amlegal.com/nxt/gateway.dll/Florida/Boynton/partiicodeofordinances/chapter2admin... 3/10/2009 Page 10 of 14 (2) The subject property must be free of all outstanding debts (including taxes) due the city. (3) An application fee of two hundred dollars ($200.00)must be included for the application to be processed. (Ord.No. 90-13, § 15, 6-19-90; Ord. No. 97-51, § 1, 11-18-97; Ord. No. 04-042, § 1, 7-6-04) Sec. 2-86. Application for lien reduction. The Code Compliance Administrator or his designee shall provide the application for a lien reduction hearing. The application will be included with the affidavit of compliance issued by the CodeCompliance Division. A complete application must accompany each lien reduction request that is to be heard before the Board. (Ord. No. 90-13, § 15, 6-19-90; Ord. No. 04-042, § 1, 7-6-04) Sec. 2-87. Application fee for lien reduction. A fee of two hundred dollars ($200.00) shall accompany the initial reduction application with a fee of fifty dollars ($50.00) for each additional lien recorded against the property. If all criteria for lien reduction are not met under section 2-85, the applicant shall be reimbursed one-half the amount of the application fee. If after it has been determined that the criteria under section 2-85 have not been complied with and the application returned to the applicant, a new application and fee must be submitted for a lien reduction hearing. (Ord. No. 90-13, § 15, 6-19-90; Ord. No. 04-042, § 1, 7-6-04) Sec. 2-88. Lien reduction procedure. A party requesting a lien reduction must submit a complete lien reduction application to the Code Compliance Division of the Police Department upon receiving verification that all conditions are complied with as stated in section 2-85. The Code Compliance Administrator or designee will process the application and determine that all required criteria have been complied with under city ordinance, section 2-85. If the applicant does not qualify for a hearing under section 2-85, the party will be notified in writing of the reasons and refunded one-half of the application fees. If the reduction application is complete, the case will be placed on the next available Code Compliance Board Lien Reduction Agenda. The appealing party will be notified in writing of the scheduled date of the hearing at least five (5) days prior to the hearing date. A quorum must be present for the Board to hear a lien reduction and a majority of the entire Board must vote in the affirmative for a lien to be reduced or waived. The Code Compliance Administrator shall submit the Board's Lien Reduction Order to the city clerk, legal department and the city manager. The Code Compliance Administrator or his designee shall notify the applicant in writing of the Board's Lien Modification Order within seven(7) days following the entry of the order and of the date of the next City Commission meeting when the Commission shall hear the Board's recommendation if required. (Ord. No. 90-13, § 15, 6-19-90; Ord. No. 97-51, § 1, 11-1897; Ord.No. 04-042, § 1, 7-6-04) Sec. 2-89. Conduct of hearing for lien modification. http://amlegal.com/nxt/gateway.dll/Florida/Boynton/partiicodeofordinances/chapter2admin... 3/10/2009 Page 11 of 14 The Code Compliance Board at a lien modification hearing shall make one of the following determinations: The lien shall be waived in full, reduced to a specified amount or shall be upheld in full. The Board shall hear all the facts regarding the specific code or codes the appealing party was in violation of, the date of the original Board hearing, the date the affidavit of noncompliance was issued, the date the affidavit of compliance was issued, the current lien amount and all pertinent information relating to the specific case, prior to the Board making its determination and order. The lien modification hearing shall not be a hearing de novo of the original case. (Ord. No. 90-13, § 15, 6-19-90; Ord. No. 97-51, § 1, 11-18-97; Ord. No. 04-042, § 1, 7-6-04) Sec. 2-90. Final orders issued in lien modification hearings. Final orders shall be issued in lien modification hearings in accordance with the following procedure: (1) The Code Compliance Board shall issue its order in lien modification hearings in writing in a form approved by the City Attorney. Immediately following rendition of lien modification order, the City Clerk shall furnish a copy of the order along with minutes of the Code Compliance Board's meeting to the City Commission. (2) Lien modification order issued by the Code Compliance Board shall be final unless a City Commissioner or an aggrieved party takes exception to the final order within seven(7) days of rendition of the order. (3) A City Commission or an aggrieved party may request a review of a Code Compliance Board's order by notifying the City Manager or his/her designee of the intent to do so. If review of a Code Compliance Board's order is requested, the City Commission shall review the order of the Board within thirty (30) days of the request for review. On review, the City Commission may hear the position of the property owner, a Code Compliance Board representative, or may rely upon the minutes of the Code Compliance Board proceeding regarding the propriety of the lien modification. (4) The City Commission shall make one of the following rulings: a. Affirm the Code Compliance Board's final Board order in full. b. Modify the Code Compliance Board's final order. (5) The Commission shall direct the administration to take action consistent with the acceptance, rejection, or modification of the Code Compliance Board order. (6) The property owner shall be advised that in the event the property owner does not comply with the Code Compliance Board order, as approved or modified by the City Commission, within ninety (90) days of the Commission's action, then the Code Compliance Board's Lien Reduction Order shall be of no further force or effect, and the original lien shall remain on the property. No extensions of the ninety-(90) day period shall be permitted, and no further action by the Code Compliance Board or the City Commission shall be permitted regarding lien reduction. (Ord. No. 90-13, § 15, 6-19-90; Ord. No. 97-51, § 1, 11-18-97; Ord. No. 01-07, § 2, 1-16-01; Ord. No. 04-042, § 1, 7-6-04) http://amlegal.com/nxt/gateway.dll/Florida/Boynton/partiicodeofordinances/chapter2admin... 3/10/2009 Page 12 of 14 Sec. 2-91. Violations and penalties. (a) The following table of violations and penalties shall be assessed by code enforcement officers and shall be followed by the county court system as a special master pursuant to section 2-82 of this Code, in its review and adjudication of matters in accordance with this Article. The schedule of penalties set forth below is not intended to be all inclusive. The penalty for violation of other codes or ordinances of the city heretofore or hereafter created and not enumerated herein shall be enforced in the manner provided for therein. Editor's note-The Schedule of Civil Penalties begins on the following page. SCHEDULE OF CIVIL PENALTIES UNIFORM FINE SCHEDULE Fine Class I $ 50.00 Class II $ 75.00 Class III $125.00 Class IV $250.00 Violation Fine Class/First Offense Fine Class/Second Hedges exceeding maximum height I II Parking or storing motor vehicle(s) greater than I II one (1) ton chassis configuration for longer than 15 minutes in a residential area. Animals and Fowl: Barking dogs creating a III IV nuisance Animals and Fowl: Livestock, poultry, exotic or III IV wild animals running at large under 4-19 Animals and Fowl: Maintaining a place for III IV fighting under Sec. 4-8 Animals and Fowl: Poisoning animals under 4- III IV 3 Animals and Fowl: Vicious animals in the city III IV under 4-15 Animals and Fowl: Violations of Sec. 4-4 as to III IV the keeping and treatment of animals Fire Code,Chapter 9 IV IV Exterior storage or display in commercial III IV and/or industrial zoning districts, not permitted http://amlegal.com/nxt/gateway.dl1/Florida/Boynton/partiicodeofordinances/chapter2admin... 3/10/2009 Page 13 of 14 per city code Landscaping not maintained as required per III IV code Major repairs of boats and motor vehicles in a III IV residential area Mobile Homes: Occupancy or storage of a III IV mobile home or motor home, other than in a mobile home park Noise: Violation of the City of Boynton Beach III IV Noise Control Ordinance, sections 15-8 through 15-8.8 Business Tax Receipt: Conducting a business, III IV profession or occupation without a business tax receipt Parking or storing junk vehicles III IV Performance Standards: Nuisance or hazard due III IV to noise, vibration, smoke, dust, odors, etc. Residential Zoning: Using a single-family III IV residence as a rooming house or multi-family dwelling Signs: Violation of Part III, L.D.R., Ch. 21, III IV Boynton Beach Sign Ord. Site Plan not maintained as originally approved III IV Storage: Open air storage of illegal items in a III IV residential area, including trash and debris, construction materials not being actively used for construction, abandoned or derelict objects or equipment, including but not limited to automobiles, trucks, buses, motorcycles, bicycles, furniture, major and minor appliances, trailers, cans or containers Trash: Storage of junk, trash debris, or litter III IV Discharging deleterious wastes to a drainage IV IV system Excavation and/or fill operation without valid IV IV permit or approval Hazardous/unsanitary/unsafe conditions of IV IV buildings or structures; as well as electrical, gas, mechanical and plumbing systems Maintaining unsanitary conditions IV IV Open, unsafe, and abandoned buildings IV IV http://amlegal.com/nxt/gateway.dll/Florida/boynton/partiicodeofordinances/chapter2admin... 3/10/2009 Page 14 of 14 Operating an illegal designated use IV IV Swimming pool not completely enclosed by IV IV fence or screen Temporary Sales without City approval IV IV Vendors: Unlicensed roadside vending IV IV Motor vehicle/boat repair, replacement parts; IV IV addition of oil or lubricants (b) The provisions contained herein are supplemental. Nothing contained in this section shall prohibit the city from enforcing its codes and ordinances by any other means. (c) Unless otherwise specifically stated in this Code, violations of the City of Boynton Beach Code of Ordinances shall be subject to a Class II fine, plus any costs assessed by Palm Beach County for processing citations. (d) The County shall accept this fee schedule for uncontested violations, which may be paid by mail and may charge the violator a reasonable fee for costs incurred in processing each citation. (Ord. No. 96-67, § 1, 1-7-97; Or. No. 97-48, § 2, 10-7-97; Ord. No. 99-02, § 1, 1-19-99; Ord. No. 04- 041, § 3, 6-15-04; Ord.No. 06-096, § 2, 1-2-07) Sec. 2-92. Consolidation of Nuisance Abatement Board and Code Compliance Board; survival of actions. All powers, duties, and responsibilities of the Nuisance Abatement Board shall survive and be deemed merged and consolidated with the powers, duties, and responsibilities of the Code Compliance Board. All previous actions of the Nuisance Abatement Board shall survive this consolidation unless specifically revoked by the Code Compliance Board. (Ord. No. 04-009, § 2, 3-16-04) Secs. 2-93-2-100. Reserved. Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality.American Legal Publishing Corporation provides these documents for informational purposes only.These documents should not be relied upon as the definitive authority for local legislation.Additionally,the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy.The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site,please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. O 2008 American Legal Publishing Corporation techsupport@amlegal.com 1.800.445.5588. http://amlegal.com/nxt/gateway.d11/Florida/Boynton/partiicodeofordinances/chapter2admin... 3/10/2009 AGREEMENT FOR SPECIAL.MAGISTRATE SERVICES THIS AGREEMENT,made and entered into the \t, day of :�GL.y,Lj. c.� C , 20}gby and between: CITY OF BOYNTON BEACH, a Florida municipal corporation, having the address, 100 E. Boynton Beach Boulevard, Boynton Beach,Florida 33425 (hereinafter referred to as "CITY"), AND Zalman Law, P.A., a Florida corporation, having the business address of 7050 Montrico Drive,Boca Raton,Florida 33433. WITNESSETH: WHEREAS, Chapter 1.62, Florida Statutes, provides that municipalities may contract with Special Magistrates as an alternative method of hearing code enforcement cases; and WHEREAS, on December 13, 2017, the City issued a Request for Quotations for Community Standards Special Magistrate Services. On or about December 26, 2017, Hilary R. Zalman on behalf of Zalman Law, P.A. submitted a written response to the City's Request for Quotations; and WHEREAS, Hilary R. Zalman (hereinafter referred to as the "SPECIAL MAGISTRATE") is the Director at Zalman Law, P.A. and is qualified to serve as the City's Special Magistrate; and WHEREAS,the SPECIAL MAGISTRATE is not a charter officer of the City of Boynton Beach; and WHEREAS, the SPECIAL MAGISTRATE is not an officer pursuant to Article II, Section 5(a) of the Florida Constitution; and WHEREAS, the SPECIAL MAGISTRATE serves at the pleasure and at the will of the City Commission of CITY; and WHEREAS, CITY and SPECIAL MAGISTRATE, wish to enter into this Agreement in order to set out the terms and conditions related to this appointment; NOW THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and SPECIAL MAGISTRATE agree as follows: {00213225.1306-9001821} Page 1 of 5 Section 1. Recitals. The above recitals and findings set forth above are hereby adopted by reference and incorporated herein as if fully set forth in this section. Section 2. Designee. SPECIAL MAGISTRATE shall serve as the designee of Zalman Law, P.A. and shall be responsible for fulfilling all of the City of Boynton Beach Community Standards Special Magistrate obligations as set forth herein. Section 3. Services. A. SPECIAL MAGISTRATE agrees to provide Special Magistrate services by adjudicating code enforcement cases that may be assigned to SPECIAL MAGISTRATE by CITY. The dates and times of the Special Magistrate hearings shall be established by the CITY and may be amended from time to time. SPECIAL MAGISTRA 1'E understands that Special Magistrates may be utilized for hearings on a rotational basis. SPECIAL MAGISTRATE is authorized to hear cases involving but not limited to, vacant properties, multi-family residential properties, neighborhood preservation, non-residential properties, cases involving an immediate threat to health and safety, among other violations of the City Code. B. SPECIAL MAGISTRATE agrees that at the conclusion of each hearing, a written order, which shall include findings of fact and conclusions of law, shall be promptly prepared and executed by SPECIAL MAGISTRATE, and furnished to the CITY. The CITY shall be responsible for furnishing a copy of the order to the applicable parties. C. SPECIAL MAGISTRATE is an independent contractor under this Agreement. Services provided by SPECIAL MAGISTRATE shall not be as officer or employee of CITY. D. SPECIAL MAGISTRATE acknowledges that she is a member in good standing of the Florida Bar engaged in the private practice of law. Further, SPECIAL MAGISTRA'T'E acknowledges that she has no existing client relationship which would pose a conflict of interest to her service as a Special Magistrate for CITY. E. SPECIAL MAGISTRATE affirms that upon receipt of each Community Standards Agenda, she will conduct a conflict check to confirm that she does not have a client relationship with any of the respondents on the docket. In the event of such conflict, SPECIAL MAGISTRATE will immediately notify the CITY's Community Standards Department so that the item can be removed from the Agenda. F. SPECIAL MAGISTRATE understands and acknowledges that she may not serve as Special Magistrate for more than one public entity. {00213225.1 306-9001821} Page 2 of 5 Section 4. Payment. A. CITY agrees to pay SPECIAL MAGISTRATE $85.00 per hour or fractional part thereof for time spent by the SPECIAL MAGISTRATE in preparation and research for special Magistrate hearings, for attendance at such hearings, and if required, for drafting appropriate orders and documents which result from such hearings. B. SPECIAL MAGIS fRA 1'E agrees to provide CITY with a monthly invoice outlining the services provided and time billed as SPECIAL MAGISTRATE under the conditions set out in this agreement. Such invoice shall be submitted to; City of Boynton Beach Community Standards Department 100 E. Boynton Beach Blvd. Boynton Beach,FL 33435 C. Payment shall be made monthly to the SPECIAL MAGISTRATE and sent by First Class U.S. Mail to: Zalman Law,P.A. 7050 Montrico Drive Boca Raton,FL 33433 ATTN: Ms. Hilary R. Zalman,Esquire Section 5. Term of Agreement. A. This Agreement shall be effective upon contract execution and shall be effective for an initial one year term, with the option for three one-year renewals. This Agreement with the SPECIAL MAGISTRATE may be terminated by the City at any time and for any reason, without cause. The SPECIAL MAGISTRATE acknowledges that she serves at the will and pleasure of the City Commission. B. The Agreement with the SPECIAL MAGISTRATE may be terminated at any time by the City and without cause. The Agreement may be terminated by SPECIAL MAGISTRA'JE upon thirty (30) calendar days' written notice to the CITY. The notices specified herein shall be sent to the address set forth in Section 4,supra. {00213225.1306-9001621} Page 3 of 5 • Section 6. Amendments; Assignments. A. No modification, amendment or alteration in the terms or conditions of this Agreement shall be effective unless contained in written document executed with the same formality and of equal dignity herewith. B. SPECIAL MAGISTRATE agrees that the services provided in this Agreement are personal in nature and may not be assigned or transferred to any other party without the prior written consent of CITY. REMAINDER OF THIS PAGE LEFT BLANK. SIGNATURE PAGE FOLLOWS. {00213225.1 306-9001821} Page 4 of 5 IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH AND SPECIAL MAGISTRATE have caused these present to be executed in their respective names by the proper officials the day and year first above written. CITY ATTEST: CITY OF BOYNTON BEACH,FLORIDA: )14 Judy Pyle,Cty C rk BY: Lori LaVerriere,City Manager APPROVED AS TO FORM: ► ! _ O``ICE OFT CId A'T.(,BNEY SPECIAL MAGISTRATE BY: ilary R. Za •:„ ,Esq. State of ., /?/66_ r 0 County of pi4Z.)4, pj l7L The foregoing instrument was acknowledged before me,the undersigned Notary Public in and for the State of Florida, on this,the g- day of JA 47 , 20//by WITNESS my hand and official seal 1 / Notary Public, State of Printed,typed or stamped name of Notary Public exactly as commissioned Personally known to me, or Produced identification: (type of identification produced) (00213225.1 306-9001821} Page 5 of 5 � '^ii"11ZALM001 OP ID:Si 'lC'•'R'a CERTIFICATE OF LIABILITY INSURANCE DAT'EIM6/r2ol!Y1 �---�' niri8 $ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A.CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. . IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the polity(les) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy certain policies may require en endorsement A statement on this certificate.does not confer rights to the certificate holder In Ileu of such endorsement(s). • PRODUCER CONTACT JGSC-P&C Minna. JLT Facilities PHONE NCC,No,Ekt): INC, Nc): 22-Century Hill Dr EMAIL Latham,NY 12110 ADDRESS: . JGSC-PA C NSURER(S)AFFORDING COVERAGE _ NAIC 8 INSURER A•National Surety Corporation 21881 INSURED Zalman Law PA INSURERB, Hilary R Zalman INSURER C: 7050 Montrico.Drive Boca Raton,FL 33433 INSURER D:: INSURER E. INSURER F. 'COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR'THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS-SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS: TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY-EXP INSD MID -POLICY-NUMBER (MMIDDNYYYI (MODIYYYY) LTRM/ LIMITS • COMMERCIAL GENERAL LIAB0.,TY EACH OCCURRENCE $ DAMAGE TO RENTED • CLAIMS-MADE OCCUR PREMISES(Ea.accurrw,ccJ $ MED EXP: I (Ariy one person) $ PERSONAL tr AL)Y INJURY $ GEN`LAGGREGATE Limn.APPLIES PER: GENERAL AGGREGATE $ POLICY JECT LOC '_PRODuerra-COMP/OP MG $ — OTHER: S AUTOMOBILE LIABILITY 'COMBINED SINGLE LIMIT $ (Ea.atcident)' - ANY AUTO BODILY•INJURY(Pur person) $ ALL OWNED SCHEDULED BODILY INJURY(Per emident) $ .AUTOS, AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ _AUTOS '(Per accident) UMBRELLA WAS _ OCCUR. EACH.00CURRENCE $ EXCESS LIAR CLAIMS-MADE - AGGREGATE $ DED I 1 RETENTION$ $ WORKERS COMPENSATION .PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIEToRIPARTNERIECUTNE rEL EACHACCIDENr $ OFFICER/MEMHER EXCLUDED?. N/A. (Mandatory In NH) E.L.DISEASE-EAEMPLOYEE $ It yes,aescritx'Linder DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Lawyers Prof Liab LNO-9000239 02112/2017 02/12/2018 Per Claim 250,000 • • Aggregate 500,000 DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES (ACORD 101,Additional Remarks'Schedule,maybe Wattled if more space is required) -CERTIFICATE HOLDER CANCELLATION BOYN000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Boynton Beach ACCORDANCE WITH THE POLICY-PROVISIONS. Finance/Procurement Services, AUTHORIZED REPRESENTATIVE (lyse Trlestman Purchasing Mng 4 100 E.Boynton Beach Boulevard O IBomton Beach, FL 33425-0310 0 1988-2014 ACQRD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo.are registered marks of ACORD Fireman's Fund' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. . CHANGE ENDORSEMENT The Named Insured is amended to read: Zalman Law, P.A. ! I. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. The premium for this endorsement is included in the premium shown on the declarations unless a specific amount is shown here: - Premium: $ ENDORSEMENT NO : 01 Effective: 10/16/2017 is attached to and forms part of your evidence of insurance no.: LNO 9000239 Issued by: National Surety Corporation. 33 W Monroe Street Chicago, Illinois 60603 insured Zalman Law,P.A. Date Issued 1;;;-•-;;;;- MSE-8001 NSIL(11191)(Ed.06/14) Declaration's Professional Liability Insurance Policy Lawyers THIS IS A CLAIMS-MADE POLICY. PLEASE REVIEW THE POLICY CAREFULLY. THE POLICY IS LIMITED TO LIABILITY FOR ONLY THOSE CLAIMS THAT ARE FIRST MADE AGAINST THE INSURED AND REPORTED TO 'THE' COMPANY DURING THE POLICY PERIOD UNLESS AND TO THE EXTENT THAT AN EXTENDED REPORTING PERIOD OPTION APPLIES. CLAIM EXPENSES.WITHIN LIMIT OF LIABILITY IF ITEM 4.A OF THIS DECLARATIONS APPLIES, CLAIM EXPENSES ARE PART OF, AND NOT IN ADDITION TO, THE LIIIII1T OF'LIABILITY. IN THE EVENT THE LIMIT OF LIABILITY OF THIS POLICY IS COMPLETELY EXHAUSTED, THE COMPANY IS NOT LIABLE FOR FURTHER CLAIM EXPENSES OR FOR THE AMOUNT OF ANY JUDGMENT OR SETTLEMENT. Insured by the Stock.Company below and hereinafter called the Company. Fireman's National Surety Corporation. One of the Fireman's Fund Insurance Companies Fund 33 W. Morime,Street, Chicago, Illinois 60603 Protecting your future since1$53 • Home Office anrdAdminisfrative Offiices. 777 San Marin Drive Novato, California 94998-2000 800-227-1700 *POLICY NUMBER: LNO -9000239 Item 1. Named Insured and Address Producer Name .(number,Street Town orCity..County,State.5,Ip:Code) JLTFacllities, Inc. Ostrega Law Firm, PA Attorneys&Counselors Item 2. Policy Period 705( Montrico Drive From(Mo-Day-Yr.) To(Mo.tray-Yr:) IoitheAtigitirionctarcuif y na Boca Ratan FL 33433 02/12/2017 021121X)18 gamed Insured as stated And Those Individuals Listed in the Insured Supplement. Item ; Form of Named Insured's Business �p Insured is ❑Individual 0 Partnership ❑Corporation El Other PA Item 4. Limit of Liability $ 25O O00 Each Claim $ 500,000 Aggregate CLAIM EXPENSES ® a. Are Included within•thelimits of liability. [] b. A separate limit of liability applies to claim expenses. POD-20141.FL(02114) Page 1 Of 2 e 2014 Fireman's Fund Insurance Company,Novato,CA. All rights reserved.