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O#177ORDINANCE NO. 177 AN O~DiNANCE OF THE CITY. OF BOYNT©N BEACH, · FLORIDA FOR THE CONTROL AND ELI~INATION OF FIRE HAZARDS AND FOR ~E FURTH~ CONTROL ~D ELi~ZN_&TION OF ~IOSQU!TOES$ A~/OR OTHER OBNOXIOUS INSECTS VErmIN, THROUGH T~ CLEARING, C~NING Ai~ ~gOV~ OF ~S, P~ETTOES, BUS~$~ ~BS~ VINES~ SCRUB OR TREES, ~HET~R ~ILD OR NA~JP~ G~?~TH~ OR OTHER~&~SE, IN A LUSH, ~NK AND/G~ UNTEND~ ~/OR UNPRUNED COt~iTION, ~D A~ ACCU~a~TION oF DE~ Ai~/OR DRIED B~H A~D/OR TRA~H, -~/OR A~ AC~3~3'~TION OF JUNK, ~JBEISH, ROTTING WO~ OR LURER, ~NDOi~ AUTOMOBILES OR PA~ TiN C~S OR CONTAINERS OF ANY DESCRIPTION, ~D DEC.RING THAT THiS O~!NANCE~IS FOR ~E PROTECTION OF ~3BLIC H~LTH ~ S~3ETY OF CITIZENS ~D PROPE~ WITHIN T~ CI~ AtO PRESCRIBING P~ALTIES FOR T~ VIO~TION T~ PROVISIONS OF THIS Q~INANCE. BE IT ORDAINED BY THE CIT~- CO~ISSION OF ~HE CI?Z OF BOtqNTON BEACH, FLORIDA: S~CTION 1. That it shall be unlawful for any ~erson to have, keep~ maintain, cause or p~rmit within the corporate limits of the City, of ~oynton Beach~ Florida~ an~~ hazardous growti~ or accumulation of weeds, palmettoes, bushes~ s~ubs, vines~ scrub or tress, whether wild or natural growth, or other~ wise, i~ a lush~ r~k and/or untended ~ud/or unp~mned condition~ and. a~y accumulation of dead and/o~ dried b~sh and/or trash, an~/o any accumulation of junk rubbish,, rotting wood or lumber~ abandoned automobiles or parts thereof, tin ca~ or containers of ~y description~ in which mosquitoes and/or $'ther obnoxious insects and vermin are likely to breed, or fi~s is ayt to start, unless s~ch growth or accumulation is removed or abated, so as to prevent such breeding of mosquitoes a?~l/or other obnoxiou~ insects and vermin, a~d fire hazard~ SECTION ~. ~ne ~tural presence of mosquito larvae upon th~ premises as described bo t~ preceding section, the presence of accumulation of growth ~-~d/or acc~ulation of trash, as describod in th~ preceding section, shall be ~vidence that mosquitoes and/or other obnoxious insects and vermin are breeding thor~ amd that there is a fire hazard located on said premises~ SECTION $. In cas~ t~ person responsible for the con~ dition of the oremises on ~nich mosquitoes and/ or othe ~ ob~ noxious insedt~ and vsrmin breed, or are liksly to brsed, the person responsible for t~ condition of t~ premises upon which a firs hazard is locatod, caused by the all~ing of growth and accumulation of trash a~'~ junk~ as above described, and such person r~fuses to take necessar~ measures to prevent s~ch b~eedmng~ withzn three days ~fter notic~ in writing has been gmven by t~ Health Officer and/or Chief of Police, or his subordinate~ or refuses to take necessary measures to ol~An or clear his premises of the fire hazard of acc-~mulated growth or refuse matter, as hereinzbove described, within three days after notice in writing P£s been given by the Health Officer and/or Chief of Polic'e, or his subordinate, or within such longer time as may be specified in the notice, the said person responsible mhall be deemed guilty of a violation of this ordinance; ao~ for each day after tb~ ex- piration of time specified in the notice, as the case may be, that the person responsible ~aall fail or re~$e to take such measures, said person responsible shall be deemed guilty of a separate violation of this 0rdinsnce, ~d in each such failure or refusal of the person responsible, the Health Officer and/or Chief of Police, or his subordinate is auth- orized to take the necessary steps to prevent the breeding of mosquitoes and/or other obnoxious insects and vermin, and the removal of the fire hazard, by the clearing and ci~a~ing of said premises, and all necessary cost's incurred by the Health Officer and/or Chief of Polic~, or his lawful subordinate~ for said purposes, shall be charged against the' person responsible. SECTION 4o For the purpose of this Ordinance, the person o~ing the record titl~ ~o th~ pr~mises or land~, or the person responsible for the condition of any premises is the person using or occupying the same; or, in case th~ pre~ mises are used or occupied by two or more tenants of a co~mmon landlo~i, or from grounds appurtenant to a house occupied by two or more tenants of a co.men landlord, then the landlord~ each tenant, however, is responsible £~ that part of the ore- mises which he occupies to th~ exclusion of the other tenants; provided~ that, in case the premises are occupied by a tenant under a yearly or monthly tenancy, or under a lease for not more than a year, or under any lease v~_ereby the leasor is expressly or impliedly obligated to keep ~me premises in repair. SECTION 5. For the purpose of enforcing th~ pro~ visions of this 0rdinance, the Health Officer and/or Chzef of Police, or his lawful subor~linate, may at all reasonabls times enter in and upon any p~emises within his~ur~sd~ctmono' ~ ' -' SECTION 6. Every person who shall violate the ore- visions of Sections I to 6, inclusive, shall be fined in a sum not exceeding Five Hundred Dollars ($~00.00) or be im- przsoned intth~ 0ity gall for a period of n~t exceeding sixty ~0) days~ or both such fine and imprisonment in the dis- cretion of tho Court, and persistent violators sb~ll be considered opera~ors of a public nuisance and the Court shall have th~ power to revo~e the license of ~uch violators. PASSED by the ~mty Commission, of the City of Eoynton B~ach, Florida, in re~alar session sitting, this day of ~=y, 1941. ATTEST: ~ CL~RK President of the Com~is-~