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O61-33 (2)ORDINANCE NO. 61-23. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING SECTIONS 13-19, 13-20, 13-21, 13-22, 13-23, 13-24 and 13-25 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SUBSTITUTING THEREFORE LIKE NUMBERED SE(CTI©NS:2ESTABLIS!tIIN~ A MORE EXPEDITIOUS PROCEDURE FOR LOT CLEARING AND ABATEMENT OF CERTAIN PUBLIC NUISANCES ON A HEALTH AND SANITATION BASIS. BE IT ORDAINED BY THE CITY COUN~CIL(~iTM THE CITY OF BOYNTON BEACH, FLORIDA: SECTION 1: Thai Sections 13-19, 13-20, 13-21, 13-22, 13-23, 13-24 and 13-25 of lhe Code of Ordinances of the CITY OF BOYNTON BEACH, FLORIDA, are hereby collectively and severally repealed and the following numbered sections are hereby substituted in their place and stead: Section 13-19. Survey of lands to determine clearing requirements - Report. Periodically, the city health officer, city engineer and/or the fire chief shall make a survey report in writing to the mayor describing any lots or parcels of land in the city whereon conditions such as specified in Sectio~13-17 and 13-18 of this chapter shall exist. Such report shall be delivered to the City Attorney who shall, after search, indicate lhe name of the owner of record. The reupon the mayor shall submit such survey report to the city council. Section 13-20. Action by city council. The city council shall consider each survey report at a regular or special meeting and shall hear such supporting data as it may require of the city health officer, city engineer and/or fire chief in order to determine whether or not a nuisance does exist; and if the city council decides thai a prima facie case showing the existence of a nuisance is established, the city council shall then adopt a resolution to tha~ effect. Section 13-21. Notice to Owner - Form. Within five days after the adoption of any resolution provided for in Section 13-20, the city clerk shall send written notice of such action to the last record owner of each of such parcels of land as may be described therein at the last available address for such owner and such notice shall be in substantially the following form: TO: ADDRESS: PROPERTY: NOTICE Date You, as the owner of record of the property above described, are hereby notified that the city council of the City of Boynton Beach, Florida, on the day of , A.D. 19 , determined that a nuisance exists upon such property caused by ~list briefly the details). You are hereby notified that you must abate this nuisance within thirty (30)days, failing in which the city council will have it done,, and the Cost thereof will be levied as an assessment against such property. BY ORDER OF THE CITY COUNCIL. City Clerk Section 13-22: Time provided to abate sa~d action. r~ In th~ case of any parcel of property as to which the decision requires abatement as provided in Section 13-20, if the property owner or son one in his behalf has not abated such nuisance within thirty days from the date of mailing the notice provided for in Section 13-21 by the city clerk, the city shall forthwith abate same and shall, through its employees, servants, agents or contractors, be authorized to enter upon the property and take such steps as are reasonably required to effect abatement. Section 13-23. Assessment of abatement costs against land. As soon as feasible after such abatement as provided fo~ in Section 13-21 has been accomplished, the costs thereof to the city as to each parcel shall be calculated and reported by the mayor to the city council. -2- Thereupon the city council shall, by resolution, assess such costs against each such parcel, including all administrative, legal, and other reasonable charges incurred as the result of abating such nuisance. S~ch resolution. shall describe~the land and the cost of the abatement actually incurred by the city with reference thereto. Section 13-24. Notice to Owner of assessment and equaliza- tion meeting. As soon as possible after the adoption of the resolution pro- vided for in Section ~.~2~ the city clerk s.h~l~ mail a notice to the record owner of each of the parcels of land described in the resolution at the last available address for such owner, which notice shall be in substantially the following form: NOTICE TO: ADDRESS: PROPERTY: Date You ~ hereby advised lha~, Beach, Florida, did on the __day of , Ao Do 19 the abatement of a certain nuisance existing on the above property, nuisance being (herein describe briefly). Notice of the above action has been heretofore sent you. You failed to abate s~h nuisance whereupon it was abated by the city at a cost of $ Such cost has been,~ by resolution of the city council dated the day of__ , A. Do 19 , levied against the above pro- perty. as the record owner of the property above described are after due notice, the city council of the City of Boynton , order such You are advised that on the __day of , A. D. 19 at o~clock M., the city council will sit as a board of equalization at , Boynton Beach, Florida, to hear and consider any and all complaints as to such assessment you or any other person may desire to make. By order of the city council. -3- City Clerk. Section 13-25. Equalization of assessment; payment of assessment; interest. Upon the time and place named in the notice provided for. in section 13-24, the city council shall meet as an equalization board to hear and consider any and all complaints as to such assessments, and shall adjust and equalize the same on a basis of justice and right, and when so equalized and approved, such assessments shall stand confirmed, and remain legal, valid and binding obligations, upon the property against which made until paid. Such assessments shall be payable at once upon equalizing and shall draw interest from that date at six percent until paid. As soon as the above assessment roll has been equalized by the city council, the city clerk shall record a certi- fied copy of such equalized roll in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida. SECTION 2: Separability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any Cour' of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 3: Rep~ling Provisions. All ordinances or parts of ordinances in conflict with the pro- visions of this ordinance are hereby repealed. SECTION 4: Authority to codify. Specific authority is hereby granted to codify this ordinance. SECTION 5: Effective date. This ordinance shall become effective in the manner and at the time provided for by the charter and ordinances of the CITY OF BOYNTON BEACH, FLORIDA. -4- First reading, this 7th day of August A.D. 1961. Second, final reading and Passage, this .. i~_day of (CORPORATE SEAL) City Clerk Councilman