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BOYNTON.2 Chapter 2 ADMINISTRATION* Art. I. In General, §§ 2 - 1 — 2 - 24 Art. II. City Manager, §§ 2 - 25 — 2 - 40 Art. III. Elections, §§ 2 - 41 — 2 - 55 Art. IV. Purchasing and Consultants, §§ 2 - 56 — 2 - 71 Art. V. Code Compliance Board, §§ 2 - 72 — 2 - 100 Art. VI. Community Relations Board, §§ 2 - 101 — 2 - 115 Art. VII. Children and Youth Advisory Board, §§ 2 - 116 — 2 - 125 Art. VIII. Education Advisory Board, §§ 2 - 126 — 2 - 140 Art. IX. Senior Advisory Board, §§ 2 - 141 — 2 - 147 Art. X. Personnel Policy Manual, § 2 - 151 Art. XI. Arts Commission, §§ 2 - 154 — 2 - 158 Cross reference - Pensions and retirement for city personnel, Ch. 18. ARTICLE I. IN GENERAL Sec. 2 - 1. Personnel and equipment organizational chart adopted. Pursuant to the charter and the ordinances of the city, the fo llowing organizational chart is hereby established and adopted as the personnel and equipment organizational chart for the city: [ Chart appears on the following page ] 1 2002 S - 17 Boynton Beach Code 2 (Code 1958, § 2 - 4.8; Ord. No. 83 - 21, § 1, 6 - 7 - 83; Ord. No. 84 - 1, § 1, 1 - 17 - 87; Ord. No. 88 - 10, § 1, 3 - 1 - 88; Ord. No. 89 - 9, § 1, 5 - 2 - 89; Ord. No. 01 - 08, § 1, 1 - 16 - 01; Ord. No. 03 - 004, § 1, 2 - 18 - 03) 2003 S - 20 Administration 3 Sec. 2 - 1.1 . City council renamed city commission; offices and titles of collection. The utilities director is hereby designated mayor and vice - mayor retained. as administrator of the said department. (Code 1958, § 2 - 4.7.3.) It is hereby declared by the city council of the Cross reference - Water, sewers and city utilities, City of Boynton Beach, Florida, that henceforth the Ch. 26. name and title of the legislative body of the City of Boynton Beach, Florida, shall be the city commission of the City of Boynton Beach, Florida; and further, Sec. 2 - 4. Engineering department established; that the office of the legislative members shall be administrator. entitled commissioner, with the retention of the offices and additional titles of mayor and vice - ma yor. An engineering department is hereby (Ord. No. 87 - 4, § 1, 2 - 3 - 87) established, and the city engineer is hereby designated Editor's note - Ord. No. 87 - 4, § 1, adopted Feb. administrator of the department. (Code 1958, § 2 - 3, 1987, has been included herein as § 2 - 1.1 by the 4.7.1) editors; further, it should be noted that § 3 of Ord. No. 87 - 4 provides in part that the above - mentioned changes will be i ncluded in the Charter and Code of Sec. 2 - 4.1. Information Technology Services/ Ordinances at such time as recodification is Geographic Information Services; required. In the interim, such changes will be made functions. in the Code as pages are necessarily updated through the supplement service pursuant to the city's (a) A department of Information Technology instructions. Services/Geographic Information Services is hereby Cross refe rence - Definitions applicable to Code established. generally, see Rules of construction, § 1 - 2. (b) The department of Information Technology Services/Geographic Information Services will be Sec. 2 - 2. Public works department utilized to assist and direct in the organization and established; divisions; development of specialized computer programming administrator. for all departments of the city. (Ord. No. 80 - 7, §§ 1, 2, 2 - 19 - 80; Ord. No. 01 - 08, § 2, 1 - 16 - 01) A public works department is hereby established, and the said department shall include divisio ns of sanitation, sign shop, shop and garage, Sec. 2 - 5. Position of prosecutor created. and streets. The superintendent of public works is hereby designated as administrator of the said Pursuant to the provisions of Section 23 of the department, and he shall be assisted by the assistant charter of the city, there is hereby created the superintendent of public works. (Code 1958, § 2 - unclassified position of city prosecutor, said position 4.7.2) to be filled by appointment by the city commission, Cr oss references - Garbage and trash generally, with said officer to serve at the pleasure of the city Ch. 10; streets and sidewalks generally, Ch. 22. commiss ion. Any person appointed to the position of city prosecutor shall be duly licensed and authorized to practice law within the State of Florida. (Code Sec. 2 - 3. Utilities department established; 1958, § 2 - 4.4) divisions; administrator. A utilities department is hereby established, and the said department shall include di visions of water plant, sewer plant, water distribution and sewage 2001 S - 15 Boynton Beach Code 4 Sec. 2 - 6. Duty and responsibility of (2) In which the city has an interest; prosecutor . The duty and responsibility of the city prosecutor shall be to prosecute all cases for violation of ordinances of the city, when requested to do so by the city commission, any police official or officer or the city manager. (Code 1958, § 2 - 4.5) Sec. 2 - 7. Compensation of prosecutor. Compensation for the office of city prosecutor shall be established by resolution of the city commission. (Code 1958, § 2 - 4.6) Sec. 2 - 8. Legal defense and indemnification of city officials, employees. (a) Definitio n. The term “city officials and employees,” as used in this section shall include the mayor, city commissioners, all appointed officers of the city (including members of the housing authority) all board members, commission members or committee members of t he city and all administrative personnel and employees of the city. (b) Right of representation. The city attorney's office, insurance defense counsel, if applicable, or other counsel appointed by the city commission shall undertake the representation or defense without charge of city officials and employees with respect to any claim or cause of action arising out of or related to the performance by said city officials or employees of their public duties. (c) Indemnification. City officials or employees who are personally liable for the payment of any claims arising out of a civil action, or settlements, judgements, expenses, costs and awards of attorney's fees arising therefrom shall be entitled to indemnification from the city (except to the extent the city's insurance coverage provides payment where the claim resulted from activities): (1) Which were done in good faith; r i n t h e c o u r s e o f p e r f o r m a n c e o f p u b l i c d u t i e s o f t h defenses which could be asserted under Florida n Statute 768.28 or any successor statute thereto. (Code 1958, § 2 o - 4.11) r Sec. 2.9. m Vice - mayor; duties and official a designation. l (a) i The vice - mayor shall, when the mayor is officially absent, during vacation, on leave, or c otherwise, act as head of the city and shall assume all i of the duties and responsibilities of the mayor. o u (b) s The vice - mayor shall, while acting in such official capacity . , designate himself as vice - mayor in any instrument which he may sign in behalf of the (d) Reservations of rights. The undertaking of city, including checks, ordinances or other official legal defense by the city under subsection (b) above documents. shall automatically be under a reservation of rights (Code 1958, § 2 - 4, 2 - 2) regarding the eligib ility of the subject claim for the benefits provided by this section. Sec. 2 - 10. Reserved. (e) No waiver of defenses. Nothing in this section shall be construed to waive any defense in Editor's note – The position of mayor pro tem, any action which would be available in the absence previously codified as Section 2 - 10, was abolished of this section to the city or individu al city officials pursuant to Ord. No. 096 - 09, § 1, passed April 2, or employees, including but not limited to, those 1996. 2001 S - 15 Administration 4A Sec. 2 - 11. Maintaining order, decorum at (2) The commission may, by order of the commission meetings. (a) No person shall willfully interrupt or disturb the proceedings or meeting of the city commission or any city board. (b) Only those individuals recognized by the presiding officer are authorized to speak to the commission or to a city board. (1) All other speech, remarks, or comments are unauthorized. (2) Unauthorized speech, remarks, comments, stamping of feet, whistles, yells and similar actions or demonstrations constitute an interruption to public meetings, and are prohibited. (c) All persons attending any city meeting shall render inaudible a ny beepers, cellular telephones, or other mechanical or electronic devices while such meeting is in session. (d) The presiding officer shall preserve strict order and decorum at all meetings. (e) The chief of police or such member or members of the pol ice department as the chief may designate shall be sergeant - at - arms at the regular and special meetings of the city commission or board. The sergeant - at - arms shall carry out orders and instructions given by the presiding officer or by a majority of the cit y commission or board present for the purpose of maintaining order and decorum at the city commission meetings. (f) The city commission shall allow members of the public to address the commission regarding items not on the Commission agenda. (1) The time for addressing the Commission with non - agenda comments shall be designated “Public Audience.” y a d d r e s s t h e c o m m i s s i o n . (3) If no orders of the day are es tablished, t h e t i m e l i m i t (g) The city commission may allow members of the public to address the commission on non f - public hearing agenda items under such rules as are o adopted from time to time by the co r mmission by motion. a (h) The city commission shall allow members d of the public to address the commission on public d hearing agenda items under such rules as it adopts r from time to time by motion. e s (i) Any person who causes an interruption of the meeting s hall be warned by the presiding officer that the conduct is interfering with the order of the meeting and shall be given the opportunity to cease the conduct that constitutes an interruption. (1) If the individual fails to cease the o f f e n d i n g c o n d u c t a n d c o n t i n u e s i n t e r r u p t i n g t m e e t i n g r o o m i f t h e s e r g e a n t - a t - a r m s i s s o d i r e c t e d b r e d f r o m (2) case the presiding officer shall fail f u r t h e r a u d i e n c e f o r t h e r e m a i n d e r o f t h e m e ???????????? ?????47]]y m o v e t o r e q u i r e t h e p r e s i d i n g o f f i c e r t o a c t t o e n f i t y o f t h e c i t y c o m m i s s i o n o r b o a r d s h (j) Any person who, at a city commission or a board meeting, willfully interrupts or disturbs a city l commission or board meeting in violation of F.S. § l 871.01, entitled “Disturbing Schools and Religious 2002 S - 18 Boynton Beach Code 4B and Other Assemblies,” is subject to arrest by those law enforcement officers present. No action by the presiding officer is required for a law enforcement officer to enforce F.S. § 871.01. 2002 S - 18 Admi nistration 5 (k) In addition to any other remedy provided by law, a violation of the city's decorum section may be cent of the funds actually received by the city. When prosecuted as a municipal ordinance violation by the distribution of the said revenue sharing funds to issuance of a notice to appear, served on the violator the city is terminated, the expenditures by the city for as set forth in Rule 3.125, Flor ida Rules of Criminal the said ordinary and necessary maintenance and Procedure. operating expenses for social services for the poor or aged shall likewise terminate. (l) All references in this section to city commis - sion shall also mean city boards. (e) Each reference to “revenue sharing funds” in this section is intended to refer to all federal (m) Nothing herein shall be construed to limit revenue sharing funds received under the State and any member of the public from expressing their Lo cal Fiscal Assistance Act of 1972 (Title I, Public opinions outside of a public meeting or b y expressing Law 92 - 512). (Code 1958, § 2 - 62) their opinions in written form directed to the city State law reference - Revenue sharing act, F.S. § commission or any city board. 218.20 et seq. (Ord. 02 - 023, § 2, 6 - 18 - 02) Sec. 2 - 13. Operating capital improvements Sec. 2 - 12. Disbursement of federal funds for social services for the poor or aged. (a) Ten (10) per cent of all federal revenu e sharing funds under the State and Local Fiscal established; composition. Assistance Act of 1972 (Title I, Public Law 92 - 512) heretofore and hereafter received by the city shall be (a) An operating capital imp rovements fund is expended for the ordinary and necessary maintenance hereby created and established for the city. and operating, expended for social services for the poor or aged residents of the city, upon the approval of (b) Whenever deemed feasible from time to the city commission as hereinafter provided. time by the city commission, any portion of the unappropriated funds at the close of each fiscal year (b) Each application for such expenditure shall may be transferred and revert to the operating be submitted to the community relations board for capital improvements fund. review, study and investigation. Thereafter, the c ommunity relations board shall furnish its written (c) All federal revenue sharing funds received recommendation to the city commission as to such under the State and Local Fiscal Assistance Act of application. 1972 (Title I, Public Law 92 - 512) except the ten (10) per cent of such federal revenue sharing funds (c) No portion of the said ten (10) per cent of allocated for ordinary and n ecessary maintenance and the revenue sharing funds shall be disbursed by the operating expenses for social services for the poor city for such ordinary and necessary main tenance and and aged under section 2 - 62, shall be deposited into operating expenses for social services for the poor or the said operating capital improvements fund. aged unless recommended by a majority of the entire membership of the community relations board and (d) Whenever deemed feasible from time to thereafter approved by the city commission. time by the city commission, up to t wenty (20) per cent of all state revenue sharing grants received from (d) The said ten (10) per cent portion of t he the State of Florida shall be deposited into the said revenue sharing funds shall be limited to ten (10) per operating capital improvements fund. (e) Whenever deemed feasible from time to time by the city commission, any portion of the fun ds 2002 S - 18 Boynton Beach Code 6 remaining in the operating capital improvements fund in the community redevelopment area as at the close of each fiscal year, excepting therefrom all appropriated or encumbered funds, may be 1996 S - 3 transferred and revert to the general fund. (Code 1958, § 2 - 61) Sec. 2 - 13.1. Redevelopment trust fund; powers of agency, redevelopment.* (a) There is hereby established and created in accordance with the provisions of Section 163.387, Florida Statutes (1983), a redevelopment trust fund (hereinafter referred to as the “trust”). (b) The funds allocated to, and deposited into the trust are hereby appropriated to the Boynton Beach Community Redevelopment Agency (hereinafter referred to as the “agency”) to finance or refinance each community redevelopment projec t it undertakes. The agency shall utilize the funds and revenues paid into and earned by the trust for all and every community redevelopment purpose as contained in the plan for redevelopment and as provided by law. (c) The annual funding of the “trust” shall be in an amount not less than that increment in the income, proceeds, revenues, and funds of the city or county derived from or held in connection with its undertaking and carrying out of community redevelopment projects therein. Said increment shall be determined and appropriated annually, and shall be that amount equal to ninety - five (95) per cent of the difference between: (1) The amount of ad valorem taxes levied each year by each taxing authority, exclusive of any amount from any debt service m illage on taxable real property contained within the geographic boundaries of a community redevelopment area; and (2) The amount of ad valorem taxes which would have been produced by the rate upon which the tax is levied each year by or for each taxing a uthority, exclusive of any debt service millage, upon the total of the assessed value of the taxable real property shown upon the most recent assessment roll used i n c o n n e c t i o n w i t h t h e t a x a t i o n o f s u c h p r o p e r t y b y advances, and indebtedness, if any, and t interest thereon, of the agency incurred as the result of a h community redevelopment project have been paid, e but only to the extent that the tax increment described in subsection (c) accrues. Said taxing jurisdictions o shall make their appropriation to the t r rust at the beginning of their fiscal year. The trust shall receive d the increment above described, only as, if and when i such taxes are collected. Said taxing jurisdictions n shall fund the trust for the duration of each project a undertaken by the agency and a n pproved by the city. The first appropriation shall begin with tax revenue c received subsequent to October 1, 1984. e f (1) The revenue bonds and notes of every issue r o m w h i c h t h i s s e c t i o n w a s d e r i v e d . (d) All relevant taxing jurisdictions' obligation to fund the trust shall continue until all loans, o u t o f r e v e n u e s p l e d g e d t o a n d r e c e i v e d b y t h e a g e n c y Administration 7 lien created by such bonds or notes shall not attach until the revenues referred to community redevelopment plan, the community herein are deposited in the trust at the redevelopment agency shall comply in all respects times, and to the extent that, such revenues with the height limitations imposed by the zoning accrue. The holders of such bonds or notes code of the city, and further such plan shall ensure shall have no right to require the imposition that the quality of th e wetlands and mangroves will of any tax or the establishment of any rate not be impaired except in conformity with the of taxation in order to obtain the amounts comprehensive plan. (Ord. No. 83 - 41, §§ 1 — 5, 12 - necessary to pay and retire such bonds or 20 - 83; Ord. No. 84 - 9, § 1, 2 - 21 - 84; Ord. No. 85 - 45, notes. The trust shall receive the tax Attach. (b), 8 - 20 - 85; Ord. No. 00 - 69, § 2, 12 - 19 - 00) increment described in sub section (c) only *Editor's note - Ord. No. 82 .13, adopted May 18, as, if, and when such taxes are collected. 1982, named five members to the board of commissioners of the community redevelopment (2) Revenue bonds issued by the agency shall agency. Ordinance No. 85 - 38, § 1, adopted July 2, not be deemed to constitute a debt, liability, 1985, increased the number of members from five to or obligation of the city or the state or any seven, as permitted by F.S. § 163.356(2). Ord. N o. political subdivision thereof or a pledge of 87 - 15, §§ 1 — 4, adopted July 7, 1987, repealed Ord. the faith an d credit of the city or the state or Nos. 82 - 13 and 85 - 38 and provided that the city any political subdivision thereof but shall commission be the board of commissioners of the be payable solely from the revenues community redevelopment agency. Ord. No. 89 - 11, §§ provided therefor. All such revenue bonds 1 — 4, created two community redevelopment agencies shall contain on the face thereof a statement and d escribed the jurisdiction of each, §§ 2 - 13.3 and to the effect that the agency shall not be 2 - 13.4. Subsequently, Ord. No. 90 - 21 provided for the obligate d to pay the same or the interest consolidation of such agencies, the city commission thereon except from the revenues of the being the governing body thereof. See §§ 2 - 13.2 — 2 - agency held for that purpose and that 13.4. neither the faith and credit nor the taxing Editor's note - Ord. No. 83 - 41, enacted Dec. 2 0, power of the city or of the state or of any 1983, as amended, did not expressly amend the Cede; political subdivision thereof is pledged to hence, inclusion of §§ 1 — 5 as hereinabove set out in the payment of the principal of, or the § 2 - 13.1 was at the editor's discretion. interest on, such bonds. Cross references - Planning, Ch. 19; taxation, Ch. 23. (e) The agency is hereby directed to develop and promulgate rules, regulations, and criteria whereby the trust may be promptly and effectively Sec. 2 - 13.2. Governing body of community administered, including the establishment and the redevel opment agency.* maintena nce of books and records and the adoption of procedures whereby the agency may expeditiously (a) The City Commission shall appoint in utilize said funds for their allocated statutory accordance with the provisions of Chapter purpose. 163.357(1)(c), Florida Statutes, the board of commissioners as the governing body of the (f) The community redevelopment agency community redevelopment area. The board will be shall exercise all powers and expend all funds in composed of seven (7) members. accordance wit h the provisions of Chapter 163, Part III, Florida Statutes and those provided for in Article (b) The community redevelopment agency, II of Section 1.5 of the City's Land Development shall exercise its jurisdiction in all areas of the city Regulations, and any community redevelopment plan which the city has heretofore designated for shall conform with the comprehensive plan of the redevelopment. The community redevelopment area city, as amend ed. Further, in development of the is more 2001 S - 15 Boynton Beach Code 8 p articularly described in Exhibit A which is attached 2002 S - 17 to Ordinance No. 00 - 59 and incorporated herein [by reference]. (c) The City Commission shall select by majority vote the chairman and the vice - chairman of the board of commissioners of the community re development agency. (Ord. No. 90 - 21, §§ 1 — 4, 8 - 7 - 90; Ord. No. 00 - 11, § 1, 4 - 18 - 00; Ord. No. 00 - 59, § 2, 11 - 8 - 00; Ord. No. 00 - 69, § 3, 12 - 19 - 00; Ord. No. 01 - 62, § 1, 12 - 18 - 01) *Editor's note - Ord. No. 90 - 21, §§ 1 — 4, 6, 7, adopted Aug. 7, 1990, provided that the city commission be the governing body of the community redevelopment agency for the entire community redevelopment area, set forth the scope of its powers and duties, and provided for the consolidation of previous actions. Such provisions have been co dified as superseding former §§ 2 - 13.2 — 2 - 13.4, which had delegated certain powers and duties to the community development agency, provided for two boards of commissioners of community redevelopment: housing and community development (city commission), and the central business district. Such sections derived from Ord. No. 84 - 28, §§ 1, 2, adopted July 3, 1984; Ord. No. 87 - 15, §§ 3, 4, adopted July 7, 1987; and Ord. No. 89 - 11, §§ 1 — 4, adopted Aug. 1, 1989. Further, § 5 of Ord. No. 90 - 21 vacated all appointment s to the community redevelopment agency for the control business district and discharged the members of such board from their duties and responsibilities. See also the editor's footnote to § 2 - 13.1. Sec. 2 - 13.3. Powers and duties of agency generally. The community redevelopment agency shall have all powers provided for or authorized by general or special laws of the state as amended from time to time, including but not limited to the specific powers delineated in F.S. § 163.370. (Ord. No. 90 - 21, § 6, 8 - 7 - 90) Note - See the editor's footnote to § 2 - 13.2. Sec. 2 - 13.4. Consolidation of previous agencies; Note - See the editor's footnote to § 2 - 13.2. survival of actions. All powers, duties, and responsibilities of the community redevelopment agency for the central business distric t shall survive and be deemed merged and consolidated with the powers, duties and responsibilities of the community redevelopment agency for housing and community improvement. All previous actions of the community redevelopment agency for the central busin ess district shall survive this consolidation unless specifically revoked by the community redevelopment agency. (Ord. No. 90 - 21, § 7, 8 - 7 - 90) Administration 9 Sec. 2 - 14. Salary incentive prog ram for law enforcement officers. The city hereby adopts the salary incentive program for its law enforcement officers provided by Florida Statutes, Section 943.22. (Code 1958, § 2 - 4.9) Sec. 2 - 15. Per diem and travel expense schedule. (a) Defi nitions. The following words shall have the meaning indicated: 1997 S - 6 (1) Officer or public officer: A member of the c i t y c o u n c i l . ( 2 ) E m p l o y e e : A n i n d i v i d u a l o n t h e c i t o f f i c e r , w h o i s f i l l i n g a r e g u l a r o r f u l l t i m e a u t h o r h o r i z e d p e r s o n : a. A person other than a public officer or e m p l o y e e a s d e f i n e d h e r e i n , w h e t h e r t h e c i t y t o i n c u r t r a v e b. l A person who is called upon by the e x p e n s e s i n t h e p e r f o r m a n c e e r v i c e s a s c o n s u l t a n t o r a d v i s o r . c. A person who is a candidate for an e x e c u t i v e o r p r o f e s o f f i c e r , p u b l i c e m p l o y e e , o r a u t h o r i z e d p e r s o n , w h e n a v e l i n g e x p e n s e s , n e c e s s a r y e x p e n s e s w h i l e t r a v e l i n g , r e n c e r e g i s t r a t i o n , o r w o r d s o f s i m i l a r n a t u r e : T h e u i n c u r r e d b y a t r a v e l e r . ( 6 ) C o m m o n c a r r i e r : T r a i n , b r r e n t a l c a r s o f a n e s t a b l i s h e d r e n t a l c a r f i r m . ( 7 ) t i n g o f f o u r ( 4 ) q u a r t e r s o f s i x ( 6 ) h o u r s e a c h . ( 8 ) e p a r t u r e a n d t i m e o f r e t u r n . ( 9 ) C l a s s A t r a v e l : C o n t f r o m o f f i c i a l Boynton Beach Code 10 (10) Class B travel: Continuous travel of less 2000 S - 13 than twenty - four (24) hours which involves overnight absence from official headquarters. (11) Class C travel: Travel for short or day trips where the traveler is not away from his official headquarters overnight. (b) City to incur traveling expenses. (1) All travel, except that of a member of the city council, must be authorized and approved by the city manager prior t o the time of travel. Such requests should not be authorized unless it is accompanied, prior to the time of travel, by a signed statement by the traveler's supervisor stating that such travel is on the official business of the city and also stating the pur pose of such travel. (2) Traveling expenses of travelers shall be limited to those expenses necessarily incurred by them in the performance of a public purpose authorized by law to be performed for the city and must be within the limitations prescribed by this section. (3) Travel by public officers or employees serving temporarily in behalf of another agency or partly in behalf of more than one agency at the same time, or authorized persons who are called upon to contribute time and services as consultant s or advisors, may be authorized by the city. Complete explanation and justification must be shown on the travel expense voucher or attached thereto. (4) Traveling expenses of public employees for the sole purpose of taking merit system or job placement e xaminations, written or oral, shall not be allowed under any circumstances, except that upon prior written approval of the city manager, candidates for executive or professional positions with the city may be allowed traveling expenses as authorized by the city manager and available in the budget. (c) Official headquarters. The official headquarters of an officer or employee assigned to an office shall be the City of Boynton Beach. (d) Computation of travel time for reimbursement. For purpose s of reimbursement and methods of calculating fractional days of travel, the following principles are prescribed: ( 1 ) T h e t r a v e l f o r C l a s s A t r a v e l s h a l l b e a f o r C l a s s B t r a v e l s h a l l b e g i n a t t h e s a m e t i m e a s t h t r a v e l e r s h a l l b e r e i m b u r s e d o n e - f o u r t h o f t h e a u t h o r h e r e o f , o f t h e t r a v e l d a y i n c l u d e d w i t h i n h i s t r a v e l a s s i g n m e n t o n o f f i c i a l b u s i n e s s o u t s i d e o f r e g u l a r o f w h e n i t i s c o n s i d e r e d r e a s o n a b l e a n d n e c e s s a r y t o s t e d . ( 2 ) A t r a v e l e r s h a l l n o t b e r e i m b u r s e d o n a p e r d s t e n c e a s p r o v i d e d i n t h i s s e c t i o n , w h i c h a l l o w a n c e Breakfast, when travel begins before f ???????????? ?????,1454]]b e y c. o Dinner, when travel begins before 6:00 n d 8 : 0 0 a . m . b. Lunch, when travel begins before 1 1 : 3 0 a . m . a n d p . m . , o r w h e n t r a v e l o c c u r s d u r i n g n i g h t t i m e h o u r s d f o r m e a l s w h e n t r a v e l i s c o n f i n e d t o t h e c i t y o r t o w n e x c e p t a s s i g n m e n t s o f o f f i c i a l b u s i n e s s o u t s i d e o f t x p e n s e s a r e a p p r o v e d . Adminis tration 11 (e) Rates of per diem and subsistence reimbursed only for t he actual expenses of allowance. For purposes of reimbursement rates and lodging or meals, not to exceed the methods of calculation, per diem and subsistence maximum provided for in this subsection. allowances are divided into the following groups, and maximum rates to be determined by the city: (4) Meals only. All travelers may be allowed an amount for meals, while on official (1 ) All travelers may be allowed for business, up to the following amounts: subsistence when traveling to a convention, conference, or training course, or when a. Breakfast, five dollars ($ 5.00). traveling outside the state in order to b. Lunch, eight dollars ($8.00). conduct bona fide city business, which c. Dinner, fifteen dollars ($15.00). convention, conference, or business serves d. Total for twenty - four hour period, a direct and la wful public purpose with twenty - eight dollars ($28.00). relation to the city, in either of the e. Additional amounts where special following: circumstances are appropriate as approved by the city manager. a. Up to fifty dollars ($50.00) per diem for travel in Florida. (f) T ransportation. b. Up to the amounts permitted in paragraph (4) below of this subsection (1) All travel must be by a usually traveled for meals, plus actual expenses for route. In case a person travels by an lod ging at a single occupancy rate to be substantiated by paid bills therefor. 2000 S - 13 (2) All other travelers may be allowed same as subsection (1) hereof. (3) When lodging or meals are provided at a state institution, the traveler shall be indirect route for his own convenience any extra costs shall be borne by the traveler and reimbursement for expenses shall be based only on suc h charges as would have been incurred by a usually traveled route. The most economical method of travel for each trip shall be determined, keeping in mind the following conditions: a. The nature of the business. b . T h e m o s t e f f i c i e n t a n d e c o n o m i c a l m e a n s t r a n s p o r t a t i o n a n d p e r d i e m o r s u b s i s t e n c e r e q u i r e d ) . o u n t o f e q u i p m e n t o r m a t e r i a l t o b e t r a n s p o r t e d . (2) Transportation by common carrier when t r a y t h e t r a v e l e r , s h a l l b e s u b s t a n t i a t e d b y a r e c e i p t t o s t e c o n o m i c a l c l a s s a p p r o v e d i s p r o v i d e d b y a c o m m o n s i n e x c e s s o f t h e a p p r o v e d (3) c The use of privately owned vehicles l a s s s h a l l b e r e f u n d e d b ???????????? ?????,2824,1721,2877]] t h e i s s u b j e c t t o c h a n g e , t h e c i t y m a n a g e r m a y c o n d u c t a n a n c e s h a l l b e a t a r a t e n o t t o e x c e e d t w e n t y - n i n e c e n c h t r a v e l , t o b e d e t e r m i n e d b y t h e c i t y m a n a g e r . R e i m m a i n t e n a n c e , a n d o w n e r s h i p o f a v e h i c l e s h a l l Boynton Beach Code 12 are used on public business and point of origin to point of destination reimbursement is made pursuant to and when possible shall be computed this paragraph, except as provided for on the basis of the current map of the in paragraph (7) of this subsection. State of Florida Department of b. All mileage shall be shown from Transportation. Vicinity mileage necessary for the conduct of official aircraft is also entitled to t ransportation expense for business is allowable, but must be the same flight under this subsection. shown as a separate item on the expense voucher. (g) Other expenses. The following incidental traveling expenses of the traveler may be reimbursed: (4) Transportation by chartered vehicles when traveling on official business may be (1) Taxi fare. authorized by the city manager when necessary or where it is to the advantage of (2) Ferry fares; and bridge, road and tunnel tolls. the city, provided the cost of such transportation does not exceed the cost of (3) Storage or pa rking fees. transportation by privately owned vehicle pursuant to paragraph (3) of this subsection. (4) Communication expense. (5) The city may grant monthly allowances in fixed amou nts for use of privately owned automobiles on official business in lieu of the mileage rate provided for in paragraph (3) of this subsection. Allowances granted pursuant to this paragraph shall be reasonable and budgeted, taking into account the customary use of the automobile, the roads customarily traveled, and whether any of the expenses incident to the operation, maintenance, and ownership of the automobile are paid from funds of the city or other public funds. Such allowance may be changed at any time. (6) No traveler shall be allowed either mileage or transportation expense when he is gratuitously transported by another person or when he is transported by another traveler who is entitled to mileage or transportation expense. However, a traveler on a p rivate aircraft shall be reimbursed the actual amount charged and paid for his fare for such transportation up to the cost of a commercial airline ticket for the same flight, even though the owner or pilot of such 2000 S - 13 t t e n d i n g a c o n v e n t i o n o r c o n f e r e n c e w h i c h w i l l s e r v e t r a v e l e r m a y b e r e i m b u r s e d f o r a c t u a l a n d n e c e s s a r y f e b a s i c r e g i s t r a t i o n f e e t h a t d i r e c t l y e n h a n c e p u r p o s e n s e s m a y i n c l u d e , b u t a r e n o t l i m i t e d t o , b a n q u e t s a t y o f t h e t r a v e l e r t o s u b s t a n t i a t e t h a t t h e c h a r g e s w n g i n c l u d e d i n t h e r e g i s t r a t i o n f e e w i l l b e d e d u c t (h) Advancements. e Notwithstanding any of the foregoi ng restrictions and limitations, the city d manager may make, or authorize the making of, advances to cover anticipated costs of travel to travelers. Such advancements include the costs of (i) Payment directly to subsistence and travel of any person transported in vendor and lodging. When approved by the city the care or custo dy of the traveler in the performance manager, such employee may reques t the city to pay of his duties. Final report and reimbursement, if any, his expenses for meals and lodging directly to the shall be made within five (5) days of return from vendor and lodging during the travel period, limited travel. to an amount in accordance with this schedule. Administration 13 (j) State law adopted. Except where directly city board may serve in the capacity of its inconsistent with the foregoing provisions, Section Chairperson, Vice Chair, Chair Pro - Tem, or hold any 112.061 of the Florida Statutes (1983 Supp.) is other office on said board. hereby adopted. (Ord. No. 84 - 13, § 1, 3 - 6 - 84; Ord. No. 85 - 45, Attach. (b), 8 - 20 - 85; Ord. No. 90 - 32, §§ 1, 2, 9 - 5 - 90; Ord. No. 97 - 33, § 1, 7 - 15 - 97; Ord. No. 00 - 17, § 1, 6 - 6 - 0 0) Editor's note - Ord. No. 84 - 13, adopted March 6, 2003 S - 20 1984, did not expressly amend the Code; hence, inclusion of § 1 as § 2 - 15 was at the discretion of the editor. Sec. 2 - 16. City boards and commissions; minimum qualifications for appointment, member ship. (a) In order to qualify for appointment to and to serve as a member of any board or committee of the city, an individual must be an elector of Palm Beach County, Florida. (b) In selecting individuals to serve on boards and committees of the city, preference shall be given to individuals who are residents of the City of Boynton Beach, provided however, that non - residents who own and operate businesses located within the city may also qualify for appointment provided they possess qualifications or e xperience uniquely suited to deal with the subject matter over which the board or committee has subject matter review or power. (c) No currently serving member of any board or committee shall be disqualified for falling to meet the minimum qualifications set forth in this section. However, at the expiration of the term of each current board of committee member, the vacancy created by that expiring term shall be filled with an individual qualified in accordance with the provisions of this section. (d) No twithstanding any other provision of city code or procedural rule, no alternate member of any (e) No alternate membe r may be moved to a City Clerk shall review all applications for regular member of the Board unless appointed by the completeness prior to submitting them to the City City Commission. Commissioners for consideration. (f) When a member of any Board, with the (1) Prior to appointment, a City exception of those Boards that have regularly Commissioner may request written confi rmation of scheduled meetings more than once a month, has the qualifications listed by any applicant for missed three regular monthly me etings for any reason appointment. When a request for confirmation of the within one annual board term, that member will be qualifications is made by a City Commissioner prior notified that one additional absence will cause his/her to appointment, the appointment shall be delayed Board membership to be terminated and a until the information requested is submitted and made replacement will be appointed at the time of the next available to the members of the City Commission. No absence. Those boards that have r egularly scheduled person shall be appointed to a City Board when that meetings more than once a month shall be permitted person is unable to substantiate the qualifications to have six absences during any one annual board listed on their application. term. The seventh absence shall result in removal from the board. (2) A member of the City Commission may request written con firmation of qualifications of (g) No person shall be appointed to a City a person who has been appointed by the Commission Board without the person f irst submitting an to a City Board. A request for confirmation shall be application for appointment. No application for made by the City Commissioner to the City Clerk. appointment shall be considered by the City The City Clerk shall make written request to the Commission until the application form has been fully Board member. A copy of the Clerk’s written request completed and signed by the applicant. All shall be provided to all members of the City applications for appointment to a City Board shal l be Commission. on a form authorized by the City Commission. The Boynton Beach Code 14 (3) Except as otherwise provided by law, a Board member who does not submit documentation 2003 S - 20 of the qualifications listed on the Board memb er’s application for appointment within thirty (30) days of receipt of the Clerk’s written request, or who submits documentation which contradicts, negates, or fails to substantiate the information listed on the Board member’s application shall automatical ly be removed from their Board position. (4) A person who is removed from a City Board pursuant to the procedures set forth in this section shall not be subject to reappointment to any City Board for a period of thirty - six (36) months. (Ord. No. 90 - 11, §§ 1 — 3, 6 - 19 - 90; Ord. No. 98 - 48, § 1, 12 - 15 - 98; Ord. No. 99 - 03, § 1, 1 - 19 - 99; Ord. No. 01 - 60, § 1, 12 - 18 - 01; Ord. No. 03 - 024, § 2, 6 - 17 - 03) Editor's note - Ord. No. 90 - 11, §§ 1 — 3, adopted June 19, 1990, did not specifically amend the Code, but has been incl uded as § 2 - 16 by the editor. Cross references - Procedures for boards, com - missions, etc., with independent purchasing authority, § 2 - 61; code compliance board, § 2 - 72 et seq.; building board of adjustment and appeals, § 5.153 et seq.; cemetery, board of g overnors, § 6 - 4 et seq.; library board, § 12 - 1 et seq.; parks and recreation board, § 16 - 1 et seq.; planning and zoning board, § 19 - 1 et seq.; community appearance board, § 19 - 38 et seq.; technical review board, § 19 - 63 et seq. Sec. 2 - 17. City boards , appointment of alternate members. All boards of the city with seven (7) or more members, shall have a minimum of two (2) alternate members, to be appointed by the city commission. All boards of the city with less than seven (7) members, shall have a minimum of one (1) alternate member, to be appointed by the city commission. The alternate members shall hold the same general qualifications as regular members to be eligible for appointment. The term of alternate members, if not otherwise provided, shal l be for one (1) year and such appointees may be reappointed. (Ord. No. 92 - 55, § 1, 11 - 17 - 92) Editor's note - Ord. No. 92 - 55, § 1, adopted Nov. Sec. 2 - 1 9. Drug free work place. 17, 1992, enacted provisions pertaining to appointment of alternate members to city boards. (a) Policy statement. The City of Boynton Such p rovisions have been designated by the editor Beach is committed to provide a safe work as § 2 - 17. environment for its employees, our community and society. Substance abuse is a national problem which impairs the health and safety of employees , promotes Sec. 2 - 18. Payment of moneys to city; crime and harms our community. The city is overdraft service fee. addressing this problem by instituting a drug free workplace program. There is hereby established a service fee of twenty dollars ($20.00) or five (5) percent of the face Substance abuse is a complex, yet treatable amount of any check, draft, or order, whichever is disease. The ultimate goal of this policy is to balance greater, for the collection of a dishonored check, the respect for individual p rivacy with the need to draft, or other order for the payment of money to the keep a safe, productive drug free environment. The city or any department thereof. The service fee shall intention is to prevent and treat substance abuse. The be in addition to all other penalties imposed by law. city would like to encourage those who use drugs or (Ord. No. 91 - 38, § 1, 6 - 18 - 91; Ord. No. 93 - 35, § 1, 9 - abuse alcohol to seek help in overcoming their 21 - 93) problem. The city will a ttempt to assist an employee Editor's note - Ord. No. 91 - 38, § 1, adopted June in obtaining treatment prior to taking disciplinary 18, 1991, enacted provisions concerning a service fee action when such treatment is associated with a first for dishonored checks, etc., to the city, such pro - visions have been designated as § 2 - 18 by the editor. Administration 14A occurrence of substance abuse. The city considers his/her system, in possession of, using, selling, substance abuse to be an unsafe and trading or offering for sale illegal drugs or alcohol cou nterproductive work practice. during working hours, may be subject to disciplinary action up to and in cluding termination. (City The city's policy is in accordance with the sponsored activities which may include the service of Florida Drug Free Workplace Program as provided in alcoholic beverages are not included in this Section 440.102, Florida Statutes and Chapter 38F - 9., provision). Florida Administrative Code. It is the intent of the city to adopt the poli cies and standards set forth in An employee reporting for work visibly Chapter 38F - 9. To the extent of any conflict between impaired shall be considered unable to properly the standards established by this policy and the perform required duties and w ill not be allowed to standards set forth in Chapter 38F - 9 F.A.C., as work. If possible, the supervisor should first seek amended from time to time, the standards set forth in another supervisor's opinion of the employee's Chapter 38F - 9 shall prevail. Policies and standards condition. Then the supervisor together with a contained herein and not addressed in Chapter 38F - 9 representative from the personnel department should F.A.C. shall control. consult privately with the employee to rule out any problem(s) that may have been caused by prescription To ensure a work place free from the influence drugs. of illegal drugs and alcohol abuse the following policy has been established. When an off - duty employee is called back to work and that employee has consumed alcoholic It is the policy of t he city that an employee beverages, that employee shall disclose such use and found with the presence of alcohol or illegal drugs in decline callback. An employee shall not be disciplined for refusing to respond to callback when not pass an alcohol blood level test. Employees who such employee has reasonable belief that he or she are on standby may be subject to callback [and] could should not engage in so cial drinking and may not decline callback without being subject to discipline. If, in the opinion of the supervisor and a representative of the city manager's office or the 2003 S - 20 personnel director or his or her department representative the employee is consi dered impaired, the employee should be sent home, after drug testing by a medical facility, by taxi or other safe transportation alternative, depending on the determination of the observed impairment, accompanied by the supervisor or another employee, if n ecessary. An impaired employee should not be allowed to drive. The prescribed test direction form shall be completed by the supervisor. Prescription drugs prescribed by the employee's physician may be taken during working hours. The employee shall not ify the supervisor if the use of properly prescribed drugs will affect the employee's work performance. Abuse of prescription drugs will not be tolerated. It is the responsibility of the city's supervisors to counsel with an employee whenever they see ch anges in performance that suggest an employee problem. The supervisor may suggest that the employee voluntarily seek help from the employee assistance program or decide that the severity of the observed problem is such that a formal referral to the EAP sho uld be made. (b) Definitions. [For the purposes of this section, the following words and terms shall have the meaning ascribed thereto:] Boynton Beach Code 14B Administration 15 (1) Alcohol: Means ethyl alcohol (ethanol) and employees and job applicants for the includes distill ed spirits, wine, malt beverages and intoxicating liquors. (2) Alcohol abuse: An employee shall be determined to be under the influence of alcohol if the employee's normal faculties are impaired due to the consumption of alcohol or the employee blood alc ohol level is 0.05 g/dl% or higher. (3) Illegal drugs: Means any drug(s) which is not legally obtainable, which may be legally obtainable but has not been legally obtained or which is being used in a manner or for a purpose other than as prescribed. (4 ) Drugs: Means alcohol, amphetamines, cannabinoids, cocaine, phencyclidine (PCP), hallucinogens, synthetic narcotics, designer drugs, or a metabolite of any of the substances listed above. (5) Legal drug: Means prescribed drugs and over the counter drugs which have been legally obtained and are being used solely for the purpose for which they were prescribed or manufactured. (6) Job applicant: Means a person who has applied for a position with the city and has been offered employment conditioned upon su ccessfully passing a drug test. (7) Employee: Means an individual who works for the city for compensation and is covered by the Workers Compensation Act. (8) Drug testing: Means any chemical, biological or physical instrumental analysis for the purpose of determining the presence of an illegal drug or its metabolites, including alcohol. Drug testing may require the collection of blood, urine, breath, saliva or hair of an employee or job applicant. (9) Initial drug test: Means a screening procedure o f the blood and urine of c e w i t h t h e F l o r i d a D r u g F r e e W o r k p l a c e P r o g r a m a n d a q u a l t o o r e x c Alcohol e Amphetamines e Cannabinoids d Cocaine i Phencyclidine n Methaqualone g Opiates Barbiturates t Benzodiazepines h Synthe tic narcotics: e f o (10) l Confirmation test: Means a second test of l o w i n g s h a l l b e r e p o r t e d a s p o s i t i v e o n a n i n i t i a l t e s t i n a c c o r d a n c e w i t h t h e F l o r i d a a d m i n i s t r a t i v e r u l e s . A l l l e v e l s e q u a l t o o r : Alcohol 0.05 g/dl% Amphetamines 500 NG/ML Cannabinoids 15 NG/ML Cocaine 150 NG/ML Phencyclidine 25 NG/ML Methaqualone 150 NG/ML Opiates 300 N G/ML Barbiturates 150 NG/ML Benzodiazepines 150 NG/ML Synthetic narcotics: Methadone 150 NG/ML Propoxyphene 150 NG/ML (11) Drug testing methodology: Specimens for d r u g t e s t i n g w i l l b e c o l l e c t e d , h a n d r i d a D r u g F r e e W o r k p l a c e P r o g r a m a n d t h e p r o c e d u r e s s . Boynton Beach Code 16 related to the employee's working (12) Positive confirmed test or confirmation conditions. test: Means a second procedure which c. A report of drug use, provided by confirms a positive result from an initial a drug test. (13) Medical review officer (MRO): Means a licensed physician with knowledge of prescription drugs, pharmacology and toxicology of drugs, who may be responsible for receiving and reviewing all positive confirmed test results and who may be responsible for contacting all individuals who test positive in a confirmation test to inquire about possible medications which could have caused a positive result. The MRO need not be an employee of the city. (14) Prescription or nonprescription medication: Means a drug or medication obtained pursuant to a prescription as defined by Section 893.02, Florida Statutes, or a medication that is authorized pursuant to a federal or state law for general distribution and use without a prescription in the treatment of human diseases, ailments or injuries. (15) Reasonable suspicion drug testing: Means drug testing based on a belief that an employee is using or has used drugs in violation of this policy drawn from specific objective a nd documented facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon: a. Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug. b. Abnormal conduct or erratic behavior while at work or a significant deterioration of work performance, either or both of which are recognized symptoms of alcohol or drug abuse and whic h are not adequately explained by the employee or are not reliable and credible source, which has b e e n i n d e p e n d e n t l y c o r r o b o r a t e d . d . E v i d e n c e t h a t a n p l o y m e n t w i t h t h e c u r r e n t e m p l o y e r . e . I n f o r m a t i o n t h d e n t w h i l e a t w o r k . f . E v i d e n c e t h a t a n e m p l o y e e h a s s , w h i l e w o r k i n g o r w h i l e o n t h e c i t y ' s p r e m i s e s o r w t h e c i t y . (16) Specimen: Means a tissue or product of the h u m a n b o d y i n c l u d i n g b l o o d , u r i n e , s a l i v a , n d / o r i l l e g a l (1) Types of testing. In order to maintain a drug d r u g s o r t h e i r m e t a b o l i t e s . ( c ) G e n e r a l c i t y w i l l t e s t f o r t h e p r e s e n c e o f a l c o h o l a n d d r u g s l l j o b a p p l i c a n t s w h o h a v e b e e n o f f e r e d a p o s i t i o n o f e s t . b . R e a s o n a b l e s u s p i c i o n : A l l e m p l o y e e s w h o a r e d e a l c o h o l u s e ( a s d e f i n e d h e r e i n ) , a r e r e q u i r e d t o t a k p l o y e e s w h o a r e s u b j e c t t o a r o u t i n e f i t n e s s f o r d u t y a l c o h o l t e s t a s p a r t o f t h e i r m e d i c a l e x a m i n a t i o n . d a n e m p l o y e e a s s i s t a n c e p r o g r a m o r r e h a b i l i t a t i o n p r o g u i r e d t o t a k e d r u g a n d a l c o h o l t e s t s o n a q u a r t e r l y , t u r n t o w o r k . Administration 17 (4) Confidentiality. Confidentiality of records e. Post accident or injury: concerning drug testing will be maintained Employees who are involved in a job except to the extent necessary to comply related accident or incident, and whose with this policy and applicable public impairment appears to be contributory, records law. All information, reports, which results or might have resulted in memos and drug test reports, written or bodily injury or property loss or otherwise, received by the city through the damage. drug testing program will be kept f. The personnel department shall confidential to the extent provided by law. establish forms to facilitate record The city, employee assis tance program, keeping and reporting. The forms laboratories, drug and alcohol rehabilitation attached as Attachments 1 through 5 programs who receive or have access to shall be used initially but may be information concerning drug test results amended from time to time by the personnel department without further commission action. [See the editor's note following this section.] (2) Consequences of refusing a drug test. a. An employee who refuses to submit to a drug test will be subject to discipline, up to and including termination. An employee who refuses to submit to a drug test also will forfeit his eligibility for all worker's compensation medical and indemnity benefits. b. A job applicant who refuses to submit to a drug test will not be hired. (3) Actions following a positive confirmed test. The city may institute disciplinary action, up to and including termination, for any employee who has a positive, confirmed drug test. shall keep all information confidential. No s u c h i n f o r m a t i o n w i l l b e r e l e a s e d u n l e s s t h e r e i s a o b a p p l i c a n t , e x c e p t w h e r e s u c h r e l e a s e i s c o m p e l l e d t i o n , o r w h e r e d e e m e d a p p r o p r i a t e b y a p r o f e s s i o n a l o a r y p r o c e e d i n g . T h e c i t y w i l l m a i n t a i n r e c o r d s c o n c e r ' s o r j o b a p p l i c a n t ' s p e r s o n n e l f i l e . I n f o r m a t i o n o n m i n a l h e a r i n g . (5) Reporting of use of medicatio n. Employees a n d j o b a p p l i c a n t s m a y c o n f i d e n t i a l l y d i c a t i o n b o t h b e f o r e a n d a f t e r h a v i n g a d r u g t e s t . A e e d i t o r ' s n o t e f o l l o w i n g t h i s s e c t i o n . ] ( 6 ) N o t i c e o a t i o n s , b y b r a n d n a m e o r c o m m o n n a m e , a s a p p l i c a b l e , t a d r u g t e s t i s a t t a c h e d . E m p l o y e e s a n d j o b a p p l i c a n r u g t e s t . ( 7 ) M e d i c a t i o n i n f o r m a t i o n . A n e m p l o y e e o r f o r t e c h n i c a l i n f o r m a t i o n r e g a r d i n g p r e s c r i p t i o n a n d p r o g r a m . R e f e r t o t h e e m p l o y e e a s s i s t a n c e p r o g r a m p o l c u r r e n t p r o v i d e r . Other resources available are: 1 800 - 356 - 9996 AL - ANON 1 800 - 527 - 5344 AMERICAN COUNCIL OF ALCOHOLISM HELPLINE 1 800 - COCAINE COCAINE HOTLINE Boynto n Beach Code 18 1 800 - NCA - CALL NATIONAL COUNCIL ON methodone and propoxyphene ALCOHOLISM l. A metabolite of any substance listed 1800 - 662 - HELP NATIONAL INSTITUTE ON herein DRUG ABUSE (A list of drugs by brand names or common 1 800 - 843 - 4971 NATIONAL INSTITUTE ON names is attached.) DRUG ABUSE HOTLINE (10) Challenge of test results. (9) Drugs to be tested. Drugs that will be tested are as follows: a. An employee o r a job applicant who receives a positive confirmed test a. Alcohol, includi ng distilled spirits, result may contest or explain the result wine, malt beverages and intoxicating in writing within five (5) days of liquors receipt of notification of a positive b. Amphetamines confirmed test result. c. Cannabinoids b. If the explanation or challenge of d. Cocaine the employee or job app licant is e. Phencyclidine (PCP) unsatisfactory to the city, the city f. Hallucinogens, provided the only within fifteen (15) days of receipt will hallucinogen to be tested for is provide a written explanation as to why phencyclidine (PCP) the employee or job applicant's g. Methaqualone explanation is unsatisfactory, and a h. Opiates copy of the report of positive i. Bar biturates confirmed test results. j. Benzodiazepines c. An employee may further k. Synthetic narcotics, but limited to challenge the results of the test in a court of competent jurisdiction or, if the drug f i l i n g a c l a i m f o r b e n e f i t s w i t h a j u d g e o f c o m p e n s a t . d . I f a n e m p l o y e e o r j o b a p p l i c a n t c o n t e s t s (11) Right under collective bargaining t h e d r u e n t s . E m p l o y e e s w h o a r e c o v e r e d u n d e r a c o l l e c t i v e b a e b a r g a i n i n g u n i t m a y h a v e a r i g h t t o f i l e a g r i e v a n c t o f a v i o l a t i o n o f t h i s p o l i c y . A g r i e v a n c e o f t h i s , b u t d i s c i p l i n e b a s e d o n a p o s i t i v e r e s u l t s h a l l n o t g t h e t e s t . (d) Policy requirements. (1) Conditions of pre - employment. The city w i l l c o n d u c t p r e e m p l o y m e n t s c r e e n i n g e o u s e d r u g s . a . T o d e t e r m i n e t h e s u i t a b i l i t y o f e m p l n t c o n d i t i o n s a r e e s t a b l i s h e d : A l l j o b a p p l i c a n t s w i l h o l u s e . A n y j o b o f f e r w h i c h a j o b a p p l i c a n t m a y r e c e p l e t i n g a r e q u i r e d p h y s i c a l e x a m i n a t i o n . b . A n y j o b a s t i n g a s p a r t o f t h e p r e - e m p l o y m e n t t e s t i n g p r o c e s s w s t s p o s i t i v e f o r d r u g s o r a l c o h o l u s e w i l l b e r e f u s e d m a i n t a i n e d p u r s u a n t t o t h i s p o l i c y . Administration 19 e. The city will not discriminate a. Reasonable suspicion: All against applicants for employmen t employees who are determined to be because of the past abuse of drugs or under reasonable suspicion of d rug or alcohol. It is the current abuse of drugs alcohol use (as defined herein), are or alcohol that the city will not required to take a drug and alcohol test. tolerate. b. Fitness for duty: All employees who are subject to routine fitness for (2) Current employee drug and alcohol abuse duty medical examinations are required screening. The city will maintain screening to take a drug and alcohol test as part practices to identify employees who use of their medical examination. i llegal drug(s) or abuse alcohol. It shall be a c. Follow - up: All employees who condition of continued employment for all have been referred to an employee employees to submit to drug screening assistance program or rehabilitation under the following conditions: program by the city for drug and/or alcohol abuse are required to take drug and alcohol tests on a quarterly, semi - annual or annual basis for two (2) years after return to work. d. Post accident or injury: Employees who are involved in a job related accident or incident, and whose impairment appears to be contributory, which results or might have resulted in bodily injury or property loss o r damage. (3) Employee assistance program. The city maintains an employee assistance program (EAP) which provides help to employees and their families who suffer from alcohol or drug abuse. (Refer to EAP policy) It is the responsibility of each employe e to seek assistance before drugs and alcohol lead to disciplinary problems. c e p o l i c y , i t i s t h e r e s p o n s i b i l i t y o f a l l e m p l o y e e s w o u l d l e a d a r e a s o n a b l e p e r s o n t o b e l i e v e t h a t d r u g s e m p l o y e e ' s d e c i s i o n t o s e e k a s s i s t a n c e f r o m t h e e m p l o a n y i n c i d e n t w a r r a n t i n g d i s c i p l i n a r y a c t i o n w i l l n o t y d i s c i p l i n a r y p r o c e e d i n g . O n t h e o t h e r h a n d , u s i n g t c i p l i n a r y a c t i o n w h e r e f a c t s p r o v i d i n g v i o l a t i o n o f t l y , t h e p u r p o s e a n d p r a c t i c e s o f t h i s p o l i c y a n d t h e n t h e i r a p p l i c a t i o n s . b . T h r o u g h t h e E A P , t h e c i t y w i e n t a n d t r e a t m e n t o f d r u g a n d a l c o h o l a b u s e ( s u b j e c t ) . S u c h e m p l o y e e s m a y b e g r a n t e d l e a v e w i t h a c o n d i t i n o f t h e a g r e e d u p o n a p p r o p r i a t e t r e a t m e n t r e g i m e n a n g u l a t i o n s a n d a n y d e p a r t m e n t a l r u l e s a n d r e g u l a t i o n s . u s e d ( i n t h a t o r d e r ) f o r s u c h l e a v e . c . U p o n s u c c e s s g r a m a n e m p l o y e e m a y b e r e l e a s e d t o r e s u m e w o r k b u t w t l e a s t q u a r t e r l y , f o r u p t o t w o ( 2 ) y e a r s t h e r e a f t e r o l a t i o n o f t h i s p o l i c y o c c u r s , s u b s e q u e n t u s e o f t h e l l n o t a f f e c t t h e d e t e r m i n a t i o n o f a p p r o p r i a t e d i s c i p Boynton Beach Code 20 e. An individual's participation in the or nonprescription medication which program will not be made part of any may affect job performance. personnel records, and will remain confide ntial except to the extent necessary to comply with this policy. Medical and insurance records, if any, will be preserved in the same confidential manner as all other medical records and be retained in a separate file as provided by law. (4) Management's responsibility. Supervisors are responsible for implementing the drug and alcohol free workplace policy. It is the responsibility of the supervisors to observe the behavior of employees on the job as a precaution against unstable or unreliable behavior whi ch could threaten the safety and well being of employees and the community. a. Supervisors are responsible for maintaining a safe work environment by determining employees fitness for duty. b. In the event a supervisor with the concurrence of a represen tative of the city manager's office or the personnel director or his/her department representative, has a reasonable suspicion that an employee may be affected by drugs or alcohol, the employee must be sent for drug testing. A form for reporting the reason (s) for drug testing is attached. [See the editors note following this section.] c. In all cases when an employee is being removed from duty for drug testing, the supervisor should notify his superior at the earliest possible time. (5) Employees responsi bility. a. It is each employee's responsibility to be fit for duty when reporting for work and to inform his supervisor if he is under prescription b . I n t h e e v e n t a n e m p l o y e e o b s e r v e s b e h a v i o r w h i c h r k i n a s a f e , r e l i a b l e a n d t r u s t w o r t h y m a n n e r , t h e e m c . E m p l o y e e s w h o v o l u n t a r i l y e n t e r a d r u g o r a l c o h o l t o r i n s i s t e n c e o f t h e c i t y o r , a s a c o n d i t i o n o f c o n a n d / o r r e h a b i l i t a t i o n p r o g r a m a r e r e q u i r e d t o p a r t i c i w h o e n t e r s a d r u g o r a l c o h o l t r e a t m e n t a n d / o r r e h a b i h e t r e a t m e n t a n d / o r p r o g r a m . I f t h e e m p l o y e e f a i l s t o p l o y e e w i l l b e s u b (6) Medical review officer's responsibilities. j e c t t o d i s c i p l i n e , u p t o a n d i n c l u m a t i o n f r o m t h e t e s t i n g l a b o r a t o r y i n t h e e v e n t o f a o r m a t i o n f r o m t h e e m p l o y e e o r j o b a p p l i c a n t r e g a r d i n g r m a t i o n s e t f o r t h i n t h e f o r m s u b m i t t e d p r i o r t o d r u g o r a t o r y p r o v i d e q u a l i f i c a t i o n o f t e s t r e s u l t s . c . T h e i r m e d t e s t r e s u l t s t o t h e p e r s o n n e l d i r e c t o r o r h i s / h e m p l o y e e s i n a n e m p l o y e e a s s i s t a n c e p r o g r a m , m o n i t o r e t r e a t m e n t p r o g r a m . Administration 2 1 List of Drugs by Trade or Common Names Librium, Xanax, Serax, Tranxene, Paxipam, Restoril Drugs Trade or Common Name Methaqualone Quaalude Glutethimide Doride n Opium Dover's powder, Paregoric, Other depressants Equanil, Miltown, Noludar, Parepectolin Placidyl, Valmid Morphine Morphine, pectoral syrup Codeine Tylenol with codeine, Stimulants empirin compound with Cocaine Coke, flake, snow, crack codeine Amphetamines Biphetamine, Delcobese, Robitussin A - C Desoxyn, Dexedrene, Heroin Dia cetylmorphine, horse, Metiatric smack Phenmetrazine Preludin Hydromorphine Dilaudid Methylphenidate Ritalin Meperidine Demerol, Mepergan (pethidine) Other stimulants Adipex, Bacarate, Cylert, Methadone Dolophine, Methadone, Didrex, Ionamin, Plegine, Methadose Presate, Sanorex, Tenuate, Other narcotics Laam, Leritine, Numorphan, Tepanil, Voranil Percodan, Tussionex, Fentanyl, Darvon, Talwin, Lomotil Depressants Chlor al hydrate Noctec, Somnos Barbiturates Phenobarbital, Tuinal, Amytal Nembutal, Seconal, Lotusate Benzodiazepines Atavan, Azene, Clonopin, Dalmane, Diazepam, Drugs Trade or Common Name Hallucinogens LSD Acid, microdot Mescaline and peyote Mesc, buttons, cactus Amphetamine variants 2, 5 - DMA, PMA, STP, MDA, M D M A T M A , D O M , D O Tetrahydrocannabinol B THC Phencyclidine PCP, angel dust, hog Hashish Hash Phencyclidine Hashish oil Hash oil analogs PCE, PCPy, TCP Other hallucinogens Bufotenine, Ibogaine, DMT, Over the Counter and Prescription Drugs Which Could Alter or Affect D the Outcome of a Drug Test E T Alcohol , P s i l o c y n Cannabis Trade or Common Name Marijuana Pot, acapulco gold, grass, r e e f e r i o n s c o n t a i n i n g e t h y l a l c o h o l ( e t h a n o l ) . P l e a s e r e a d N y q u i l i s 2 5 % ( 5 0 p r o o f ) e t h y l a l c o h o l , C o m t r e x i s 2 0 t h Amphetamines i s 2 5 % ( 5 0 p r o o f ) a n d L i s t e r i n e i s 2 6 . 9 % ( 5 5 p r o o f Cocaine Cannabinoids Cocaine HCI topical solution Marinol (dronabinol, THC) Boynton Beach Code 22 Phencyclidine Ordinance No. 92 - 51. Not legal by prescription Methaqualone Not legal by prescription Opiates Paregoric, Parepectolin, Donnagel, PG, morphine, Tylenol with codeine, Empirin with codeine, APAP with codeine, aspirin with codeine, Robitussin A - C, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Dilaudid (hydromorphine), — S Contin and Roxanol (morphine sulfate), Percodan, Vicidin Barbiturates Phenobarbital, Thinal, Amytal, Nembutal, Seconal, Lotusate, Fiorinal, Fioricet, Esgic, Butisol, Metbaril, Butabarital, Butabital, Phrenilin, Triad Benzodiazephines Atavan, Azene, Clonopin, Dalmane, Diazepan, Librium, Xanax, Serax, Tranxene, Valium, Verstan, Halcion, Paxipam, Restorial, Centrax Methadone Dolophine, Methadose Proproxyphene Darvocet, Darvon N, Dolene (Ord. No. 92 - 51, § 2, 10 - 20 - 92; Ord. No. 93 - 09, § 2, 5 - 18 - 93) Editor's note - It should be noted that the reporting forms refe renced in § 2 - 19 are not set out at length in this Code, but are on file and available for inspection in the office of the city clerk. Such forms are designated as attachments 1 — 5 to Sec. 2 - 20. Quasi - judicial proceedings before ci ty commission or city board; procedure for reconsideration of decision. (a) For the purpose of this section the term “quasi - judicial proceeding” shall mean hearings before the City Commission or Planning Development Board, and limited to the follow ing specific types of proceedings: (1) Variances; (2) Rezonings; ( 3 ) A p p e a l s f r o m a d m i n i s t r a t i v e d e c i s r ; ( 4 ) M a s t e r p l a n a p p r o v a l s ; ( 5 ) S i (b) The City Commission may reconsider its t decision arising from a quasi e - judicial proceeding only upon a motion to reconsider made at the meeting at which the decision was rendered or upon written p request of the mayor, the vice l - mayor, or any single comm issioner filed with the City Clerk provided such a written request is made no later than 12:00 noon on n the third day following the Commission's decision of the quasi - judicial proceeding. No quasi a - judicial decision shall be considered final until the expirat p ion of the three (3) day time period without a motion to p reconsider being made and the entry of a written r order approved by the City Attorney and signed by o the City Clerk. In the event a request for v reconsideration is made pursuant to this subsection a the applicant or affected party shall be notified in by facsimile, or overnight delivery service. writing and such notice shall be hand delivered, sent 2001 S - 16 Administration 23 (c) When a motion for reconsideration is made 2001 S - 16 and approved at the Commis sion meeting at which the decision was rendered, the Commission may immediately reconsider the matter before them or, the Commission may reconsider the matter at a later time certain which shall be announced, at the meeting, to the applicant and the public . No additional notice of the matter shall be necessary. When a motion for reconsideration is made following the close of the Commission meeting at which the decision is made, only the motion to reconsider shall be heard at the next regular City Commissi on meeting. If the motion to reconsider is adopted by the Commission, the matter which is the subject of the motion to reconsider shall be placed on the next regular City Commission meeting agenda. The agenda item shall be noticed in the same manner as th e notice provided when the item was originally considered. (d) Any board may reconsider its decision arising from a quasi - judicial proceeding only upon a motion to reconsider at the meeting at which the decision was rendered. (e) Reserved. (f) To the extent of any conflict between the procedures set forth herein and Robert's Rules of Procedure , the procedure set forth herein shall prevail. (Ord. No. 93 - 20, §§ 1 — 6, 8 - 3 - 93; Ord. No. 94 - 02, §§ 1 — 3, 2 - 1 - 94; Ord. No. 97 - 32, § 1, 8 - 5 - 97; Ord. No. 01 - 23, § 1 , 6 - 5 - 01) Editor's note - Ord. No. 93 - 20, §§ 1 — 6, adopted Aug. 3, 1993, did not specify manner of codification; hence, the provisions have been designated by the editor as § 2 - 20. Secs. 2 - 21 — 2 - 24. Reserved. ARTICLE II. CITY MANAGER Sec. 2 - 25. Appointm ent; qualifications. Pursuant to the provisions of section 49 of the city charter, the city commission shall by resolution appoint a city manager for an indefinite term. The manager in connection with the exercis e and manager shall be appointed solely on the basis of his execution of the duties of said office. executive and administrative qualifications. He need (Code 1958, § 2 - 27) not be a resident of the city or state at the time of his appointment but may reside outside the city while in office only with the approval of the commission. Sec. 2 - 28. Appointment; removal. (Code 1958, § 2 - 21) The appointment and removal of the City Manager shall be by four - fifths vote of the City Sec. 2 - 26. Compensation. Commission. (Ord. No. 95 - 21, § 2, 6 - 20 - 95) The city manager shall receive such Editor's note - Ord. N o. 89 - 28, § 1, adopted Sept. 19, 1989, repealed previous § 2 - 28, removal or suspension of compensation for his services and allowances as may the manager, derived from the 1958 Code, § 2 - 24; Ord. be fixed by the city commission by resolution. No. 78 - 33, § 1, adopted Aug. 15, 1978; and Ord. No. 79 - 1, (Code 1958, § 2 - 23) § 1, adopted Jan. 16, 1979. Sec. 2 - 27. Bond. Sec. 2 - 29. Attendance a t council meetings. Upon appointment of an individual to the office The city manager shall have the right to take part of city manager and during his tenure of office, the in the discussions on all matters coming before the city shall, at its expense, procure and maintain a commission relative to administrative functions of the proper fidelity and indemnity bond in the minimum municipality but shall have no vote therein. (Code amount of ten thousand dollars ($10,000.00) covering 1958, § 2 - 25; Ord. No. 89 - 28, § 2, 9 - 19 - 89) any person so appointed to the said office of city Boynton Beach Code 24 Sec. 2 - 30. Powers and duties generally. 2001 S - 16 The city manager shall be the chief administrative officer of the city and be responsible to the commission for the administration of all city affairs placed in his c harge under the city charter, Code of Ordinances or assigned to him by the city commission. He shall have the power and duty to: (a) Appoint, and when necessary for the good of the city, suspend or remove all employees and appointive administrative office rs of the city, except the city attorney, or as otherwise provided by law, subject to the provisions of the municipal civil service merit system. Further, he may authorize any administrative officer who is subject to his direction and supervision to exerci se these powers with respect to subordinates in that officer's department, office or agency. (b) Recommend, in his discretion, to the commission the creation of the position of assistant city manager or designate with the commission's consent an employee of the city to act in this capacity. (c) Direct and supervise the administration of all departments, officers and agencies of the city, except as otherwise provided by the charter or by law. (d) See that all ordinances, provisions of the charter and acts of the commission, subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed. (e) Prepare and submit the annual budget and capital program to the commission and be responsible for its administration af ter adoption. (f) Prepare and submit to the commission and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year. (g) Make such other reports as the commiss ion m a y r e q u i r e c o n c e r n i n g t h e o p e r a t i o n s o f t h e c i t y d e i o n a n d s u p e r v i s i o n . ( h ) K e e p t h e c o m m i s s i o n f u l l y a d o f t h e c i t y a n d m a k e s u c h r e c o m m e n d a t i o n s t o t h e c o m m d e s i r a b l e . ( i ) P e r f o r m s u c h o t h e r d u t i e s a s a r e s p e c budget summary sheet submitted by each Department i in its annual proposed budget: t y “Notwithstanding the positions listed above, staffing may be modified during the fiscal year c if: o a. m Approved by the City Manager; and m b. i The total appropriation for salaried positions is not exceeded.” s s 3. i The City Manager shall report any and all modification or staffing changes to the City o Commission by Memorandum prior to n implementation o . f the modification. (Code 1958, § 2 - 26) (Ord. No. 99 - 19, § 1, 7 - 6 - 99) (j) Department Heads may seek approval of the City Manager, to ad d or modify positions under the following conditions: Sec. 2 - 31. Temporary absence or disability. 1. During each fiscal year department heads (a) When the city manager shall be out of the may request the City Manager to add or modify city for more than forty - eight (48) hours (not staffing positions within the department, provided the including Saturday, Sunday and holidays), he shall total salary for the department appropriated by the inform the Cit y Commission does not increase; 2. The following notation shall be made on the Administration 24A city commission of his proposed absence and will commission approval, shall designate an acting city indicate to the city commission who will be manager to temporarily carry out the necessary duties administratively in charge of the city for routine of the city manager. matters. This action shall not constitute the (Code 1958, § 2 - 22; Ord. No. 84 - 2, § 1, 1 - 17 - 84) appointment of an act ing city manager. (b) When, due to length of absence from the Secs. 2 - 32 — 2 - 40. Reserved. city or illness, and inability to be in reasonable contact by telephone, the city manager is unable to carry out administrative duties and responsibilities in a reasonable time, the city manag er, with city 2001 S - 16 Boynton Beach Code 24B Administration 25 ARTICLE III. ELECTIONS* *Cross reference - Political signs, § 21 - 2. Charter reference - Elections generally, § 135 et seq. Sec. 2 - 41. Voting districts. The boundaries for each of the four (4) voting d istricts of the City Commission of the City of Boynton Beach, shall be as follows: (1) District No. 1. COMMENCING at the centerline intersection of Boynton Beach Boulevard and the centerline of the Florida Department of Transportation (FDOT) Railroad Cor ridor (Tri - Rail) (a.k.a. CSX Railroad); thence run westerly along the centerline of Boynton Beach Boulevard to the centerline intersection of NW 8th Street and the POINT OF BEGINNING; thence run southerly along the centerline of NW 8th Street and SW 8th St reet to the centerline of Purple Heart Way (f.k.a. Morton's Way); thence run easterly along the centerline of Purple Heart Way to centerline of said FDOT Railroad Corridor; thence run southerly along the centerline of the FDOT Railroad Corridor to the cent erline of SE 23rd Avenue (a.k.a. Golf Road); thence run easterly along the centerline of SW 23rd Avenue to the centerline of SW 4th Street; thence run southerly along the centerline of SW 4th Street to the centerline of SW 23rd Terrace; thence run westerly along the centerline of SW 23rd Terrace to the centerline of SW 6th Street; thence run southerly along the centerline of SW 6th Street to the centerline of SW 25th Avenue; thence run westerly along the centerline of SW 25th Avenue to the centerline of SW 8th Street; thence run southerly along the centerline of SW 8th Street to the centerline of Chapel Hill Boulevard; thence run easterly along the centerline of Chapel Hill Boulevard to the centerline of Fernwood Drive; thence i v e t o t h e c e n t e r l i n e o f C a n a l D r i v e ; t h e n c e r u n w e s t e t o t h e c e n t e r l i n e o f M i s s i o n H i l l R o a d ; t h e n c e r u n t h e c e n t e r l i n e o f S w i n t o n A v e n u e ; t h e n c e r u n s o u t h e r ' s s o u t h e r n c o r p o r a t e l i m i t s w i t h t h e C i t y o f D e l r a y c o r p o r a t e l i m i t s t o t h e e a s t e r l y r i g h t - o f - w a y l i n e o n ( E ) 4 C a n a l ; t h e n c e r u n s o u t h w e s t e r n a l o n g t h e s a i d y c o r n e r o f L o t 1 3 a s s h o w n o n t h e p l a t o f L A K E E D E N P a g e 5 3 , a c c o r d i n g t o t h e P u b l i c R e c o r d s o f P a l m B e a N o t I n c l u d e d ' p a r c e l a s s h o w n o n s a i d p l a t o f L A K E E D s o u t h e a s t e r l y a n d s o u t h w e s t - e r l y a l o n g t h e p r o p e r t y l y c o r n e r o f L o t 1 2 a s s h o w n o n s a i d p l a t o f L A K E E D E N n g t h e e a s t e r l y p r o p e r t y l i n e o f s a i d L o t 1 2 , L o t 1 1 s c u r r e n t l y l a i d o u t a n d i n u s e ; t h e n c e r u n s o u t h w e s t h e e a s t r i g h t - o f - w a y l i n e o f L a k e D r i v e ; t h e n c e r u n s k e D r i v e t o t h e n o r t h r i g h t - o f - w a y l i n e o f P i n e R i d g e r e c o r d e d i n P l a t B o o k 2 5 , P a g e 2 6 , a c c o r d i n g l y t o t h e l a t b e i n g i n t h e C i t y o f D e l r a y B e a c h ) ; t h e n c e r u n w e e n o r t h e a s t c o r n e r o f s 2002 S - 18 Boynton Beach Code 26 ESTATES; thence run north along the west subdivision line of LAKE SHORE ESTATES extension to a point on the southwesterly property line of Lot 9 as shown on said plat of LAKE EDEN SUBDIVISION PLAT NO. 2; thence run northwesterly along the perimeter of Block 1 (and Lot 9) of said plat of LAKE EDEN SUBDIVISION PLAT NO. 2 to the intersection of Lot 1 of said subdivision and the south right - of - wa y line of Diane Drive, said Diane Drive as laid out and in use according to the plat of LAKE VIEW HAVEN as recorded in Plat Book 32, Pages 53 and 54, according to the Public Records of Palm Beach County, Florida; thence run westerly along the south right - o f - way line of said Diane Drive and the south line of a FDOT Lateral Ditch Easement as shown on said record plat, to a point on the eastern right - of - way line of Interstate 95 (S.R. 9); thence run southwesterly along the eastern right - of - way line of said Int erstate 95 (S.R. 9) to the easterly extension of the centerline of the Lake Worth Drainage District (LWDD) Lateral 30 Canal; thence run westerly along the centerline of said LWDD Lateral 30 Canal to the city's western corporate limits; thence run northerly , easterly and northerly along the city's western corporate limits to a point on the centerline of Old Boynton Road; thence run easterly, southeasterly and southerly along the centerline of Old Boynton Road to the POINT OF BEGINNING. (2) District No. 2. BEGINNING at the center - line intersection of Boynton Beach Boulevard and the centerline of the Florida Department of Transportation (FDOT) Railroad Corridor (Tri - Rail) (a.k.a. CSX Railroad); thence run northerly along the centerline of said FDOT Rail Corri dor to the city's northern corporate limits; thence run easterly, southerly and easterly along the city's northern corporate limits to the centerline of the Intracoastal Waterway; thence run southerly along the e n t e r l i n e o f E a s t O c e a n A v e n u e ; t h e n c e w e s t e r l y a l o n g e o f F e d e r a l H i g h w a y ( U . S . 1 ) ; t h e n c e r u n n o r t h e r l y a l i n e o f B o y n t o n B e a c h B o u l e v a r d ; t h e n c e r u n w e s t e r l y t o t h e P O I N T O F B E G I N N I N G . ( 3 ) D i s t r i c t N o . 3 . B E G I N N o u l e v a r d a n d t h e c e n t e r l i n e o f t h e F l o r i d a D e p a r t m e n t ) ( a . k . a . C S X R a i l r o a d ) ; t h e n c e r u n e a s t e r l y a l o n g t h e n t e r l i n e o f F e d e r a l H i g h w a y ( U . S . 1 ) ; t h e n c e r u n s o u c e n t e r l i n e o f E a s t O c e a n A v e n u e ; t h e n c e r u n e a s t e r l y t e r l i n e o f t h e I n t r a c o a s t a l W a t e r w a y ; t h e n c e r u n s o u t w a y a n d t h e c i t y ' s e a s t e r n c o r p o r a t e l i m i t s a s l o c a t e e r i o d i c a l l y a d j a c e n t t o t h e c o r p o r a t e l i m i t s o f t h e T d I n t r a c o a s t a l W a t e r w a y a t t h e c i t y ' s s o u t h e r n c o r p o r t y ; t h e n c e r u n w e s t e r l y , s o u t h e r l y a n d n o r t h w e s t e r l y o u t h F e d e r a l H i g h w a y s o u t h o f G u l f s t r e a m B o u l e v a r d t o i g h w a y a n d t h e c e n t e r l i n e o f G u l f s t r e a m B o u l e v a r d b e i o f D e l r a y B e a c h ; t h e n c e r u n w e s t e r l y a l o n g t h e c i t y ' f s t r e a m B o u l e v a r d a n d a l o n g t h e s o u t h e r n s u b d i v i s i o n P l a t B o o k 7 9 , P 2002 S - 18 Administration 26A according to the Public Records of Palm Beach County, Florida, to the centerline of Swinton Avenue; thence run northerly along the centerline of Swinton Avenue to the centerline of Mission Hill Road; thence run westerly along the centerline of Mission Hill Road to the centerline of Canal Drive; thence run northerly and easterly along the centerline of Canal Drive to the centerline of Fernwood Drive; thence run northerl y along the centerline of Fernwood Drive to the centerline of Chapel Hill Boulevard; thence run westerly along the centerline of Chapel Hill Boulevard to the centerline of SW 8th Street; thence run northerly along the centerline of SW 8th Street to the cen terline of SW 25th Avenue; thence run easterly along the centerline of SW 25th Avenue to SW 6th Street; thence run northerly along the centerline of SW 6th Street to the centerline of SW 23rd Terrace; thence run easterly along the centerline of SW 23rd Ter race to the centerline of SW 4th Street; thence run northerly along the centerline of SW 4th Street to the centerline of SW 23rd Avenue (a.k.a. Golf Road); thence run westerly along the centerline of SW 23rd Avenue to the centerline of said FDOT Railroad C orridor; thence run northerly along the centerline of said FDOT Railroad Corridor to the easterly extension of Purple Heart Way (f.k.a. Morton's Way); thence run westerly along the said easterly extension of the centerline of Purple Heart Way and the cente rline of Purple Heart Way to the centerline of SW 8th Street; thence run northerly along the centerline of SW 8th Street and NW 8th Street to the centerline of said Boynton Beach Boulevard; thence run easterly along the centerline of Boynton Beach Boulevar d to the POINT OF BEGINNING. (4) District No. 4. BEGINNING at the centerline intersection of Boynton Beach Boulevard and the centerline of the Florida Department of Transportation (FDOT) ) ; t h e n c e r u n w e s t e r l y a l o n g t h e c e n t e r l i n e o f B o y n t o W 8 t h S t r e e t a n d O l d B o y n t o n R o a d ; t h e n c e r u n n o r t h e r f O l d B o y n t o n R o a d t o t h e c i t y ' s w e s t e r n c o r p o r a t e l i e r l y , s o u t h e r l y , w e s t e r l y , n o r t h e r l y , e a s t e r l y , n o r t h o r p o r a t e l i m i t s , s a i d n o r t h e r n c o r p o r a t e l i m i t s b e i n g h e n c e r u n e a s t e r l y a l o n g t h e c i t y ' s n o r t h e r n c o r p o r a t H y p o l u x o R o a d o f t h e P l a t o f H I G H R I D G E S U B D I V I S I O N P u b l i c R e c o r d s o f P a l m B e a c h C o u n t y , F l o r i d a ; t h e n c e o t h e n o r t h r i g h t - o f - w a y l i n e o f M i n e r R o a d ; t h e n c e r e r R o a d t o t h e c e n t e r l i n e o f H i g h R i d e R o a d ; t h e n c e r o a p o i n t a p p r o x i m a t e l y 2 , 9 3 0 f e e t s o u t h o f t h e c e n t e g a l i n e p a r a l l e l t o t h e c e n t e r l i n e o f H y p o l u x o R o a d a i l r o a d C o r r i d o r a n d n o r t h e r l y a l o n g s a i d p a r a l l e l l i e n t e r l i n e o f s a i d H y p o l u x o R o a d ; t h e n c e r u n e a s t e r l y n c e r u n s o u t h e r l y a l o n g t h e c e n t e r l i n e o f s a i d F D O T R 9 1 - 8 2 , § 2 , 1 2 - 1 7 - 9 1 ; O r Editor's note d - Ord. No. 91 - 82, § 2, adopted Dec. 17, 1991, provided the boundary descriptions of the . city's four voting districts. Such descriptions have been inc luded by the editor as § 2 N - 41. 2002 S - 18 Boynton Beach Code 26B Sec. 2 - 42. Official ballot, filing fees. 2002 S - 18 The city commission shall prepare or cause to be prepared the official ballot for each regular and special election of the city. Each candida te shall file a petition signed by at least twenty - five (25) duly qualified voters of the city and shall submit a filing fee of twenty - five dollars ($25.00), which will result in the appearance in alphabetical order of the name of the particular candidat e upon the official general election ballot. All such filing fees collected shall be deposited to the general fund. None but the official ballot shall be used. (Code 1958, § 8 - 6; Ord. No. 83 - 51, § 5, 12 - 20 - 83) Sec. 2 - 43. Absentee voting permitted. Abse ntee voting shall be permitted in city elections, in accordance with the procedures established by law for absentee voting in state and county elections. Provided, however, that “city clerk” shall be substituted for “supervisor of elections” in said laws a nd “canvassing board” as used in said laws shall be held to mean the persons authorized to canvass city elections. State law reference - Absentee voting, F.S. § 101.62 et seq. Sec. 2 - 44. Designation of polling places. The polling places within each prec inct shall be designated by the mayor at the time of the calling of each special or general municipal election, by proclamation. (Code 1958, § 8 - 19) Sec. 2 - 45. False statements or affidavits. Any person who shall make, transmit or deliver, or cause to be made, transmitted or delivered, any false statement or affidavit with the intent that the same be used under any provision of this article, shall be guilty of a violation of this Code. (Code 1958, § 8 - 18) Sec. 2 - 46. Vacancy in candidacy. (b) If the death, withdrawal or removal from (a) If the death, withdrawal or removal from the the ballot of a qualified candidate for city ballot of a qualified candidate for city commissioner commissioner occurs and there is less t han thirty - five occurs after the close of registration for candidates for (35) days before the election, the election for that this office, and if the death, withdrawal or removal specific seat shall be delayed from its scheduled date leaves fewer than two (2) candidates for that office, by not less than forty - five (45) nor more than sixty and at least thirty - five (35) days remain before the (60) days, at which time a special municipal election election, the qualifying period for that office shall be for that office only shal l take place. Qualifying shall reopened for a period of five (5) days following the be reopened for a period of ten (10) days beginning date the vacancy occurs. All qualified candidates the day after the vacancy occurs. The city clerk shall registered during that perio d shall be placed on the promptly advertise at least one (1) notice of the ballot at the general municipal election along with the rescheduled election and reopening of registration in remaining candidate. The city clerk shall promptly a newspaper o f general circulation in the City of post notice at City Hall, in a conspicuous place, of Boynton Beach. The notice shall be a quarter page reopening of the registration period. The city clerk display advertisement appearing at least ten (10) days shall, in conjunct ion with procedures established by prior to the rescheduled election date. the supervisor of elections of Palm Beach County, Florida, make a bona fide attempt to contact all (c) Any remaining candidate for that office persons requesting absentee ballots so as to advise shall not be required to re qualify for election or pay a such absentee voters of the death, withdrawal or second qualifying fee. Any remaining candidate shall removal from the ball ot of a qualified candidate for not be declared an unopposed candidate under city commissioner. The procedures set forth in Chapter subsection (e) hereinafter, shall also apply. Administration 27 106, Florida Statutes, unless no additional candidate an absente e ballot for the regular election as well as qualifies for election during the supple mental provided to other voters who properly request them. If qualifying period. Any remaining candidate may an absentee voter returns the initial ballot he was continue to accept contributions pursuant to Chapter mailed, his vote for that office for which the special 106, Florida Statutes, or until he is declared election was called shall be null and void, but h is unopposed. If he is declared unopposed pursuant to votes on all other offices and issues shall be counted. this section, then within ten (10) days after the c lose of (Ord. No. 92 - 08, § 2, 4 - 7 - 92; Ord. No. 94 - 05, § 2, 3 - the supplemental qualifying period the special election 1 - 94) shall be canceled. The unopposed candidate shall be declared elected at an organizational meeting of the city commission and the oath of office shall be Secs. 2 - 47 — 2 - 55. Reserved. administered at that time. (d) The f iling of campaign expense statements ARTICLE IV. PURCHASING AND pursuant to Chapter 106, Florida Statutes, by CONSULTANTS* candidates in a special election called under subsection (b), including the remaining candidate, *Editor's note - Ord. No. 90 - 54, § 2, adopted shall not be later than such dates as fixed by the city Nov. 20, 1990, repe aled former Art. IV, Consultants, clerk. substantive sections thereof being §§ 2 - 56, 2 - 57, 2 - 60 and 2 - 61, derived from the 1958 Code, §§ 2 - 70, 2 - 71, (e) If a sp ecial election is called pursuant to 2 - 74 and 2 - 75. Sec. 3 of Ord. No. 90 - 54 enacted a subsection (b), and other candidates qualify for new Art. IV, §§ 2 - 56 — 2 - 60 to read as herein set out. election during the supplemental qualifying period, supplemental absentee ballots for the special election shall be mailed to any absentee voter who was mailed Sec. 2 - 56. Purchasing agent, selection, duties; 2003 S - 20 competitive bidding. (a) The city commission shall appoint an officer or employee of the city, other than a member of the city commission, as purchasing agent for the city who shall be responsible fo r the purchase of all supplies, materials, equipment and other articles used by the municipal government. All purchases or sales of city property shall be subject to the approval of the city commission and shall conform to such regulations as the city co mmission may from time to time prescribe. (b) Personal property, commodities and services. Except as provided in section 2 - 56.1 all purchases or sales of personal property, commodities and services involving amounts in excess of twenty - five thousand dol lars ($25,000.00), or construction involving amounts of seventy - five thousand ($75,000.00), shall be made only after the publishing of an advertisement of bids thereon in a newspaper of general circulation in the city at least one (1) time, not less than t en (10) days prior to the date set for the reception of such bids, together with such other notice as the commission may direct. The city commission shall have the power to reject any and all bids submitted and received, and to waive any informalities in connection with such bidding. (c) Real property. With regard to the sale of any real estate owned by the city, regardless of the estimated value thereof, no such sale shall be conducted or consummated until such time as subject property has been apprais ed by a disinterested qualified appraiser to be designated by the city commission for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of four - fifths (4/5) of the city commission. After such appraisal shall have been completed and a fair market value determined, the property may be sold: 1. To the owner of adjacent developed property if the city property is to be used by the adjacent property owner as: Boynton Beach Code 28 A. Buffer; or 2003 S - 20 B. For an extension of the use to which the adjacent property owner is using the adjacent property at the time of sale; or 2. To the highest bidder following a competitive bidding process as es tablished by the city administration. (Ord. No. 90 - 54, § 3, 11 - 20 - 90; Ord. No. 97 - 45, § 1, 9 - 2 - 97; Ord. No. 01 - 66, § 1, 1 - 2 - 02; Ord. No. 03 - 002, § 1, 2 - 18 - 03) Sec. 2 - 56.1 Exceptions to competitive bidding. (a) The purchase or sale of any real property by the city from or to another governmental agency shall conform to such regulations as the city commission may from time to time prescribe, but such purchase or sale shall be excepted and exempt from the provisions of section 2.56 hereof. (b) On any pur chase of personal property, commodities, or services involving amounts less than twenty - five thousand dollars ($25,000.00), or construction less than seventy - five dollars ($75,000.00), the city manager shall establish procurement policies. The procurement policies shall provide for obtaining sufficient pricing and product quotations to ensure that the goods, services, or construction being procured is the highest quality at the most reasonable cost. Such procedure shall require the preparation and maintenan ce of written records which adequately document the quotations obtained, property account for the funds expended, and facilitate an audit of the purchase made. Furthermore, the city manager, or in the city manager’s absence, the acting city manager is aut horized to execute a purchase order on behalf of the city for such purchases under the $25,000.00 bid threshold for personal property, commodities and services, or $75,000.00 for construction. The City Manager shall file a written report with the Commissio n at the second Commission meeting of each month listing the purchase orders approved by the City Manager or Acting City Manager. (c) On the purchase of personal property if the price, the purchasing agent may elect to follow the city manager shall maintain that an emergency exists competitive bidding requirements of the in regard to the purchase of any commodity so that the governmental agency which is supplying the funds delay incident to giving opportunity for competitive for the purchase. bidding would be detrimental to the interest of the city, then the city manager shall file a statement (f) The purchasing agent may award a contract certifying the conditions and circumstances. The by accessing purchasing items from the Federal writte n statement shall be kept with the purchase General Services Administration Contract, the State order. This emergency purchase will be presented to of Florida State Contracts, SNAPS, RESPECT, the City Commission at the earliest meeting if it PRIDE or other purchasing contracts of any exceeds the threshold for purchases. departm ents or subdivisions of the State of Florida; or “piggy - back” of the government or national alliance (d) Commodities available only from a single bids without the competitive bidding process required source may be excepted fro m bid requirements. A by this article. If budget allocation is approved by letter is required from the vendor and the single source Commission, as part of the budget adoption for t he purchase will be made from the vendor at the fiscal year, all items purchased in relation to discretion of the purchasing agent. paragraph (f) will not require further Commission action unless a formal contract is involved. (e) On any purchase of personal property where (Ord. No. 90 - 54, § 3, 11 - 20 - 90; Ord. No. 97 - 45, § 2, the funds for the price of the entire purchase are being 9 - 2 - 97; Ord. No. 01 - 66, § 1, 1 - 2 - 02) supplied by another governmental agency and no funds of the city are being used towards the purchase Administra tion 28A Sec. 2 - 57. Consultants; incorporation of Florida Statutes, Section 287.055. There is hereby incorporated by reference and made a part hereof the “Consultants' Competitive Negotiation Act,” being F.S. § 287.055 as amended from time to time . (Ord. No. 90 - 54, § 3, 11 - 20 - 90) Sec. 2 - 58. Intent; jurisdiction. It is hereby declared to be the legislative intent of the city commission that the city and all of its constituent commissions, boards, authorities and the like, with purchasing or proc urement authority, comply to the fullest extent with the spirit and mandates of the Consultants' Competitive Negotiation Act, F.S. § 287.055 and the provisions hereof. The city administration shall have jurisdiction to perform the functions set forth for the city and all its 2003 S - 20 Boynton Beach Code 28B Administra tion 29 constituent commissions, boards, authorities and the activities. like whether they were established or brought into existence by ordinance, resolution, or motion of the (c) The above r ules of procedure and any city commission. amendments or deletions therefrom shall be (Ord. No. 90 - 54, § 3, 11 - 20 - 90) submitted to the city commission for approval, which approval may be made by motion. (Ord. No. 90 - 54, § 3, 11 - 20 - 90) Sec. 2 - 59. City to adopt rules of p rocedure. The city administration is hereby directed to Sec. 2 - 60. Commissions, boards, etc., adopt a rule or rules of procedure for the independent of city commis sion to determination of a project under the Consultants' follow article. Competitive Negotiation Act and this article. These procedures may include: Any city commissions, boards, authorities and the like which have purchasing authority independent (a) Determination of a proj ect which constitutes of the city commission, the purchases of such bodies a grouping of minor construction, which are subject to the Consultants' Competitive rehabilitation, or renovation activities. Negotiation Act shall be processed in accordance herewith; however, the commission, board, authority, (b) Determination of a project which constitutes or the like will itself perform the functions set forth a grouping of substantially similar herein that are otherwise applicable to the city construction, rehabilitation, or renovation commission. (Ord. No. 90 - 54, § 3, 11 - 20 - 90) ARTICLE V. CODE COMPLIANCE BOARD *Cross reference - Minimum qualifications for Secs. 2 - 61 — 2 - 71. Reserved. 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 he alth, 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 o rdinances 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 it is to insure code compliance. Enforcement board means a code compliance board. Repeat violation means a violation of a provision of a cod e 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 vi olations 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) 2002 S - 18 Boynton Beach Code 30 Sec. 2 - 74. Creation, appointm ent, organization vacancy. The members shall serve at the 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 a compliance b oard 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. 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. Th ereafter, 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 un expired 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 compliance board shall declare the members' office vacant, and the city commission shall promptly fill such 2002 S - 17 d a s p r o v i d e d i n t h e c i t y C o d e o f O r d i n a n c e s f o r r e m o T h e m e m b e r s o f a c o m p l i a n c e b o a r d s h a l l e l e c t a c h a i r o n s t i t u t e a q u o r u m o f t h e e n f o r c e m e n t b o a r d . M e m b e r s e d f o r s u c h t r a v e l e x p e n s e s , m i l e a g e e x p e n s e s , a n d p e i s s i o n . ( d ) T h e c i t y c o m m i s s i o n h e r e b y a p p o i n t s t h e c 11 - 18 - 97) c o Sec. 2 - 75. d Provisions wider jurisdiction of e boards. The code compliance boa c rds shall enforce and have jurisdiction of the following codes: o m Part II, Code of Ordinances fire codes, Chapter p 9, licenses, Chapter 13 as well as Part III, Land l Development Regulations planning and development i generally, Chapter 1.5; zoning Chapter 2; p a lanned unit developments, Chapter 2.5; community design n plan, Chapter 9; building, housing and construction, c Chapter 20; signs, Chapter 21; parking lots, Chapter e 23; and related technical codes in force in the city. (Ord. No. 79 b - 28, § 2, 9 - 18 - 79; Ord. No . 87 - 1, § 3, 2 - 3 - 87; Ord. No. 88 o - 39, § 1, 9 - 7 - 88; Ord. No. 88 - 57, § 1, 12 - 6 - 88; Ord. No. 96 a - 43, § 1, 10 - 2 - 96; Ord. No. 97 - 51, § 1, 11 r - 18 - 97) Cross references d - Prosecution before code compliance board for failure to place street numbers . (Ord. No. 79 - 28, § 4, 9 - 18 - 79; Ord. No. 79 - 35, § 1, on buildings, § 15 - 1 6(e); acting as nuisance 11 - 21 - 79; Ord. No. 80 - 38, § 2, 9 - 2 - 80; Ord. No . 82 - abatement board, § 10 - 56. 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, Administration 30A Sec. 2 - 76. Enforcement procedure. recurs or if the violation is not corrected by the time specified for correction by the code inspector, the (a) It shall be the duty of the code inspector to case may be presented to the enforcement board even initiate enforcement proceedings of the various if the violation has been corrected prior to the board codes; however, no member of the board sha ll have hearing and the notice shall s o state. the power to initiate enforcement proceedings. (c) If the code inspector has reason to believe a (b) If a violation of the codes is found, the code violation or the condition causing the violation inspector shall notify the violator, unless subsection presents a serious threat to the public health, safety (c) of this section applies, and give said violator a and welfare, or if the violation is irreparable or reasonable time to correct the violatio n. Should the irreversible in nature, the code inspect or shall make a violation continue beyond the time specified for reasonable effort to notify the violator and may correction, the code inspector shall notify an immediately notify the enforcement board and request enforcement board and request a hearing. The code a hearing. compliance board, through its clerical staff, shall schedule a hearing, and written notice of su ch hearing (d) If a repeat violation is found, the code shall be hand delivered or mailed as provided in inspector shall notify the violator, but it is not section 2 - 81 to the said violator. At the option of the required that he give the vio lator a reasonable time to code compliance board, notice may additionally be correct the violation. The code inspector, after served by publication or posting as provided in notifying the violator of a repeat violation, shall section 2 - 81. If the violation is correcte d and then notify the code enforcement board and request a hearing. The code compliance board, through its (e) If the owner of property which is subject to clerical staff, shall schedule a hearing and shall an enforcement proceeding before an enforcement provide notice pursuant to section 2 - 81. The case board, special master, or court transfers ownership of may be presented to the code compliance board even such property between the time and initial pleading if the repeat violation has been corrected prior to the was served and the time of the hearing, such owner board hearing, and the notice shall so state. shall: 1. Disclose , in writing, the existence and 2002 S - 17 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 transf eror. 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. (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 Boynton Beach Code 30B an enforcement board. Minutes shall be kept of all shall be open to the public. The city clerk shall hearings by each enforcement board and all hearings provide clerical and administrative personnel as may be reasonably required by each enforcement board for the proper performance of its duties. purchasers, successors in interest, or assigns if the violation concerns real property, and the findings (b) Each case before an enforcement board therein shall be binding upon the violator, if the shall be presented by a member of the building violation concerns real property, any subsequent department administrative staff. If the local purchaser s, successors in interest or assigns. If an governing body prevails in prosecuting a case befo re order is recorded in the public records pursuant to this the enforcement board, it shall be entitled to recover subsection and the order is complied with by the date all costs incurred prosecuting the case before the specified in the order, the enforcement board shall board. issue an order acknowledging compliance that shal l be recorded in the public records. A hearing is not (c) An enforcement board shall proceed to hear required to issue such an order acknowledging the cases on the agenda for that day. All testimony compliance. shall be under oath and shall be record ed. The (Ord. No. 79 - 28, § 6, 9 - 18 - 79; Ord. No. 79 - 35, § 1, enforcement board shall take testimony from the code 11 - 21 - 79; Ord. No. 82 - 19, § 2, 8 - 3 - 82; Ord. No. 87.1, inspector and alleged violator. Formal rules of § 5, 2 - 3 - 87; Ord. No. 90 - 13, §§ 10, 11 , 6 - 19 - 90; Ord. evidence shall not apply; however, fundamental due No. 94 - 57, § 2, 1 - 3 - 95) 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 ap proved 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 b e 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 sh all constitute notice to any subsequent 2002 S - 17 Administration 31 Sec. 2 - 78. Powers of boards. property and does not create any liability agains t the local governing body for any damages to the property Each enforcement board shall have the power to: if such repairs were completed in good faith. (a) Adopt rules for the conduct of its hearings. (b) In determining the amount of the fine, if any, the enforcement board shall consider the (b) Subpoena alleged violators and witness es to following factors: 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. (e) Issue orders having the force of law commanding whatever steps are nec essary 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 o rder 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 co ntinues 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, i f the violation is a violation described in section 2 - 76(c), the enforcement board shall notify the city commission, 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 city to make further repairs or to maintain the a c t i o n s t a k e n b y t h e v i o l a t o r t o c o r r e c t t h e v i o l a t i o accrue unti i l the violator comes into compliance or until judgment is rendered in a suit to foreclose on a o lien filed pursuant to this section, whichever occurs l first. After three (3) months from the filing of any a such lien which remains unpaid, the enforcement t board may authorize the city attorney to foreclose on o the lien. No lien created pursuant to the provisions of r this part may be enforced on real property which is a . homestead under Section 4, Article X of the State (c) A certified copy of an order imposing a Constitution. fine, or a fine plus repair costs, may be recorded in (Ord. No. 79 - 82, § 8, 9 - 18 - 79; Or d. No. 82 - 19, § 3, 8 - the public records and thereafte r shall constitute a 3 - 82; Ord. No. 87 - 1, § 7, 2 - 3 - 87; Ord. No. 87 - 36, § 2, lien against the land on which the violation exists and 10 - 20 - 87; Ord. No. 90 - 13, §§ 13, 14, 6 - 19 - 90; Ord. upon any other real or personal property owned by No. 94 - 57, § 3, 1 - 3 - 95; Ord. No. 00 - 10, § 4, 4 - 4 - 00) the violator. Upon petition to the circuit court, such order shall be enforceable in the same manner as a court judgment by the s heriffs of this state, including Sec. 2 - 79.5. Duration of lien. execution and levy against the personal property of the violator, but such order shall not be deemed to be No lien provided under this article shall continue a court judgment except for enforcement purposes. A for a period longer than twenty (20) years after the fine imposed pursuant to this part shall continue to certified copy of an order imposing a fine has been 2000 S - 12 Boynton Beach Code 32 recorded, unless within that time an action to (2) Hand delivery by the sheriff or other foreclose on the lien is commenced in a court of law enforcement officer, code inspector, or other com petent jurisdiction. In an action to foreclose on a person designated by the city; lien, the prevailing party is entitled to recover all costs, including a reasonable attorneys fee, that are (3) Leaving the notice at the violator’s incurred in the foreclosure. The city shall be entitled usual place of residence with any person r esiding to collect all costs incurred in recordi ng and therein who is above 15 years of age and informing satisfying a valid lien. The continuation of the lien such person of the contents of the notice; or effected by the commencement of the action shall not be good against creditors, or subsequent purchasers (4) In the case of commercial premises, for valuable consideration without notice, unless a leaving the notice with the manager or other person in notice of lis pendens is recorded. charge. (Or d. 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, § (b) In addition to providing notice as set forth 4, 1 - 3 - 95) in subsection (a), at the option of the code compliance board, notice may also be served by publication or posting, as follows: 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 ord er 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 cit y 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 af fidavit confirming the first class mailing; i s h e d o n c e d u r i n g e a c h w e e k f o r f o u r ( 4 ) c o n s e c u t i v e e w s p a p e r o f g e n e r a l c i r c u l a t i o n i n t h e c o u n t y w h e r e t a l l m e e t s u c h r e q u i r e m e n t s a s a r e p r e s c r i b e d u n d e r C h v e r t i s e m e n t s . b . P r o o f o f p u b l i c a t i o n s h a l l b e m a d e a s u t e s . ( 2 ) a . I n l i e u o f p u b l i c a t i o n a s d e s c r i b e d i n p t e n ( 1 0 ) d a y s p r i o r t o t h e h e a r i n g , o r p r i o r t o t h e a t l e a s t t w o ( 2 ) l o c a t i o n s , o n e o f w h i c h s h a l l b e t h s t a n d t h e o t h e r o f w h i c h s h a l l b e a t t h e C i t y H a l l o a v i t o f t h e p e r s o n p o s t i n g t h e n o t i c e , w h i c h a f f i d a v i a t e a n d p l a c e s o 2000 S - 12 Administration 33 (3) Notice by publication or posting may run provide the code enforcem ent officer with the power concurrently with, or may follow, an of arrest or subject the code enforcement officer to attem pt or attempts to provide notice by the provisions of Sections 943.085 through 943.255, hand delivery or by mail as required under Florida Statutes, as amended. Nothing in this section subsection (a). amends, alters or contravenes the provisions of any state administered retirement system or any state Evidence that an attempt has been made to hand supported retirement system established by general deliver or mail notice as provided in subsection (a), law. together with proof of publication or posting as provided i n subsection (b), shall be sufficient to show (c) (1) A code enforcement officer is 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 ordinance s 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 o n w h e n b a s e d u p o n p e r s o n a l i n v e s t i g a t i o n , t h e o f f i c e c o m m i t t e d a c i v i c i n f r a c t i o n i n v i o l a t i o n o f a d u l y e a r t h e c h a r g e . ( 2 ) P r i o r t o i s s u i n g a c i t a t i o n , a c e r s o n t h a t t h e p e r s o n h a s c o m m i t t e d a v i o l a t i o n o f t h t i m e p e r i o d w i t h i n w h i c h t h e p e r s o n m u s t c o r r e c t t h e r t y ( 3 0 ) d a y s . I f , u p o n p e r s o n a l i n v e s t i g a t i o n , a c o d o r r e c t e d t h e v i o l a t i o n w i t h i n t h e t i m e p e r i o d , a c o d e o n w h o h a s c o m m i t t e d t h e v i o l a t i o n . A c o d e e n f o r c e m e n r e a s o n a b l e t i m e p e r i o d t o c o r r e c t t h e v i o l a t i o n p r i o r t a t i o n i f a r e p e a t v i o l a t i o n i s f o u n d o r i f t h e c o d e o l a t i o n p r e s e n t s a s e r i o u s t h r e a t t o t h e p u b l i c h e a l t a b l e o r i r r e v e r s i b l e , o r i f t h e v i o l a t o r i s e n g a g e d i d e f i n e d b y l o c a l c o d e o r o r d i n 2000 S - 12 Boynton Beach Code 34 (3) A citation issued by a code a schedule of violations and penalties to be assessed 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 civi l 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 fail s 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 u p 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 t o e n f o r c e t h i s s e c t i o n , e a c h c o d e o r o r d i n a n c e e n a c a t i o n o f t h i s s e c t i o n s h a l l p r o v i d e : (1) That a violation of a code or an ordinanc e is a c i v i l i n f r a c h u n d r e d d o l l a r s ( $ 5 0 0 . 0 0 ) . ( 3 ) A c i v i l p e n a l t y o f l e s s c o m m i t t e d t h e c i v i l i n f r a c t i o n d o e s n o t c o n t e s t t h e d e e n f o r c e m e n t o f f i c e r w h o h a s r e a s o n a b l e c a u s e t o b e o f a c o d e o r o r d i n a n c e . ( 5 ) F o r t h e c o n t e s t i n g o f a v i s i o n s a s a r e n e c e s s a r y t o p r o v i d e f o r t h e e n f o r c e m e Section 775.083, Florida Statutes. s (g) s The provisions of this section shall not apply to the enforcement pursuant to Florida Statutes, e Sections, 553.79 and 553.80 or building codes c adopted pursuant t to Section 553.73 as they apply to construction provided that a building permit is either i not required or has been issued by the city. For the o purposes of this subsection, “building codes” means n only those codes adopted pursuant to Section 553.73, . Florida Statutes. (f) Any person who willfully refuses to sign and accept a citation issued by a code enforcement (h) The provisions of this section are additional officer shall be guilty of a misdemeanor of the seco nd and supplemental means of enforcing the city's codes degree, punishable as provided in Section 775.082 or and ordinances and may be used for the enforcement 1998 S - 8 Administration 34A of any code or ordinance, or for the enforcement of all codes and ordinances. Nothing contained in this application will be included with the affidavit of section shall prohibit the city from enforcing its compliance issued by the code enforcement codes or ordinances by any other means. administrator. A complete application must (Ord. No. 90 - 13, § 15, 6 - 19 - 90; Ord. No. 94 - 57, § 6, a ccompany each lien reduction request that is to be 1 - 3 - 95; Ord. No. 00 - 10, § 6, 4 - 4 - 00) heard before the board. (Ord. No. 90 - 13, § 15, 6 - 19 - 90) Sec. 2 - 84. Lien reduc tion procedure. Sec. 2 - 87. Application fee for lien reduction. The lien reduction procedure is applicable to a lien which is in effect subsequent to the issuance of A fee of two hundred dollars ($200.00) shall an affidavit of noncompliance, pursuant to section 2 - accompany the initial reduction application with a fe e 79. of fifty dollars ($50.00) for each additional reduction (Ord. No. 90 - 13, § 15, 6 - 19 - 90) application filed with the initial reduction application. If all criteria for lien reduction are not met under section 2 - 85, the applicant shall be reimbursed one - Sec. 2 - 85. Criteria for lien reduction. half the amount of the application fee. If after it has been determined that the criteria under section 2 - 85 The following criteria must be complied with have not been complied with and the application prior to a lien reduction hearing before the code returned to the applicant, a new application and fee compliance board: must be submitted for a lien reduction hearing. (Ord. No. 90 - 13, § 15, 6 - 19 - 90) (1) The property in question must be in total code compliance and an affidavit of compliance must be issued for the code Sec. 2 - 88. Lien reduction procedure. enforcement case that is being appealed. A party requesting a lien reduction must submit (2) The subject property must be free of all a complete lien reduction application to the code outstanding debts (including taxes) due the enforcement division of the building department city. within thirty (30) days of the execution date of the affidavit of com pliance. The code enforcement (3) The request for a lien reduction application administrator or designee will process the application must be submitted to the code enforcement and determine that all required criteria have been administrator within thirty (30) days of the complied with under city ordinance, section 2 - 85. If date o f the execution of the affidavit of the applicant does not qualify for a hearing under compliance. section 2 - 85, t he party will be notified in writing of the reasons and refunded one - half of the application (4) An application fee of two hundred dollars fee. If the reduction application is complete, a lien ($200.00) must be included for the reduction hearing shall be scheduled on the next application to be processed. available code compliance board agenda. The (Ord. No. 90 - 13, § 15, 6 - 19 - 90; Ord. No. 97 - 51, § 1, appealing party will be notified in writing of the 11 - 18 - 97) scheduled date of the hearing at least five (5) days prior to the hearing date. The hearing shall be held at a regular meeting of the code compliance board. A Sec. 2 - 86. Application for lien reduction. quorum must be present for the board to hear a lien reductio n and a majority of the entire board must vote The building official or his designee shall in the affirmative for a lien to be reduced or waived. provide the application for a lien reduction hearing. The code enforcement administrator shall submit the The 2001 S - 15 Boynton Beach Code 34B board's appeal order to the city clerk, legal (2) Lien modification order issued by the Code department and the city manager. The code enforcement administrator or his designee shall notify the applicant in writing of the board's appeal order within seven (7) days following the entry of the order and of the date of the next city commission meeti ng when the commission shall hear the board's recommendation. (Ord. No. 90 - 13, § 15, 6 - 19 - 90; Ord. No. 97 - 51, § 1, 11 - 18 - 97) Sec. 2 - 89. Conduct of hearing for lien modification. 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 o riginal 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) 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 modifica tion 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. m i s s i o n e r o r a n a g g r i e v e d p a r t y t a k e s e x c e p t i o n t o t h r d e r . (3) A City Commission or an aggrieved party m a y r e q u e s t a r e v i e w o f a C o d e C o m p l i a n c e B o a r s i g n e e o f t h e i n t e n t t o d o s o . I f r e v i e w o f a C o d e C o i o n s h a l l r e v i e w t h e o r d e r o f t h e B o a r d w i t h i n t h i r t y C i t y C o m m i s s i o n m a y h e a r t h e p o s i t i o n o f t h e p r o p e r t y y r e l y u p o n t h e m i n u t e s o f t h e C o d e C o m p l i a n c e B o a r d c a t b. Over - rule the Code Compliance i o n . (4) The City Commission shall make one of the f o l l o w i n g r u l i n g s : a. Affirm the Code Com pliance Board's f i c. n Modify the Code Compliance Board's a l B o a r d o r d e (5) The Commission shall direct the r i n f u l t r a t i o n t o t a k e a c t i o n c o n s i s t e n t w i t h t h e a c c e p t a n c e 11 - 18 - 97; Ord. No. 01 o - 07, § 2, 1 - 16 - 01) a r Sec. 2 - 91. d Violations and penalties. (a) o The following table of violations and penalties sha r ll be assessed by code enforcement officers and shall be followed by the county court d system as a special master pursuant to section 2 e - 82 of this Code, in its review and adjudication of matters in r accordance with this Article. The schedule of . (Ord. No. 90 - 13, § 15, 6 - 19 - 90; Ord. No. 97 - 51, § 1, 2001 S - 1 5 Administration 35 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. 2001 S - 15 Boynton Beach Code 36 Administration 36A SCHEDULE OF CIVIL PENALTIES UNIFORM FINE SCHEDULE Fine Cla ss I $ 50.00 Class II $ 75.00 Class III $125.00 Class IV $250.00 Violation Fine Class/ Fine Class/ First Offense Second Offense Hedges exceeding maximum height I II Parking or storing motor vehicle(s) greater than one (1) ton chassis I II configuration f or longer than 15 minutes in a residential area. Animals and Fowl: Barking dogs creating a nuisance III IV Animals and Fowl: Livestock, poultry, exotic or wild animals III IV running at large under 4 - 19 Animals and Fowl: Maintaining a place for fig hting under Sec. 4 - 8 III IV Animals and Fowl: Poisoning animals under 4 - 3 III IV Animals and Fowl: Vicious animals in the city under 4 - 15 III IV Animals and Fowl: Violations of Sec. 4 - 4 as to the keeping and III IV treatment of animals Exterior storage or display in commercial and/or industrial zoning III IV districts, not permitted per city code Landscaping not maintained as required per code III IV Major repairs of boats and motor vehicles in a residential area III IV Mobile Homes: Occupancy or st orage of a mobile home or motor III IV home, other than in a mobile home park Noise: Violation of the City of Boynton Beach Noise Control III IV Ordinance, sections 15 - 8 through 15 - 8.8 Occupational Licenses: Conducting a business, profession or III IV occupatio n without an occupational license 1998 S - 7 Boynton Beach Code 36B SCHEDULE OF CIVIL PENALTIES (Cont'd) Violation Fine Class/ Fine Class/ First Offense Second Offense Parking or storing junk vehicles III IV Performance Stan dards: Nuisance or hazard due to noise, vibration, III IV smoke, dust, odors, etc. Residential Zoning: Using a single - family residence as a rooming III IV house or multi - family dwelling Signs: Violation of Part III, L.D.R., Ch. 21, Boynton Beach Sign III IV Ord . Site Plan not maintained as originally approved III IV Storage: Open air storage of illegal items in a residential area, III IV including trash and debris, construction materials not being actively used for construction, abandoned or derelict objects o r 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 system IV IV Excavation and/or fill operation without valid permit or approval IV IV Hazardous/unsanitary/unsafe conditions of buildings or structures; as IV IV well as electrical, gas, mechanical and plumbing systems Maintaining unsanitar y conditions IV IV Open, unsafe, and abandoned buildings IV IV Operating an illegal designated use IV IV Swimming pool not completely enclosed by fence or screen IV IV Temporary Sales without City approval IV IV Vendors: Unlicensed roadside vending IV IV Motor vehicle/boat repair, replacement parts; addition of oil or IV IV lubricants 1999 S - 10 Administration 37 (b) The provisions contained herein are supple - ethnic and racial groups which comprise the popula - mental. Nothing contained in this section shall tion of the City of Boynton Beach. All members of prohibit the city fr om enforcing its codes and the community relations board shall be residents and ordinances by any other means. electors of the cit y. (Ord. No. 90 - 79, § 3, 1 - 2 - 91) (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. N o. 97 - 48, § 2, 10 - 7 - 97; Ord. No. 99 - 02, § 1, 1 - 19 - 99) Secs. 2 - 92 — 2 - 100. Reserved. ARTICLE VI. COMMUNITY RELATIONS BOARD* *Editor's note - Ord. No. 90 - 79, §§ 2 — 8, adopted Jan. 2, 1991, enacted provisions pertaining to a community relations board for the city. Such provisions, being nonamendatory of the Code, have been codified by the editor as Art. VI, §§ 2 - 101 through 2 - 106. Sec. 2 - 101. Created. The city commission does hereby create the existence of an advisory citizens board, to be known as the “Boynton Beach Community Relations Board,” and hereinafter referred to as “the board.” (Ord. No. 90 - 79, § 2, 1 - 2 - 91) Sec. 2 - 102. Membership. The board shall be composed of nine (9) members and two (2) alternate members who are responsible law abiding citizens and shall be broadly representative of the social, economic, religious, 1999 S - 10 Boynton Beach Code 38 Sec. 2 - 103. Appointment. actions and decisions of the community relations board shall not be binding on the city, the city Members of the community relations board shall commission, or the city administration. be appointed by the mayor and the city commission as is currently in effect for all city boards. (Ord. No. 90 - 7 9, § 4, 1 - 2 - 91) Sec. 2 - 104. Terms. All members of the community relations board shall be appointed for three - year staggered terms. The two (2) alternate members shall be appointed to one - year terms. All members may be reappointed at the pleasure of the city commission at the termination of their appointment, with no limit as to the number of terms a member may serve. (Ord. No. 90 - 79, § 5, 1 - 2 - 91) Sec. 2 - 105. Filling vacancy. If a vacancy should occur on the community relations board, such vacancy sh all be filled by the mayor and city commission who selects members of each group (for example, selections by the mayor), and the selected person shall serve for the unexpired term of the member's position which was vacated. The city commission may accept r ecommendations from the community relations board as to appoint - ments to the board, and alternate members should be considered for regular appointments. (Ord. No. 90 - 79, § 6, 1 - 2 - 91) Sec. 2 - 106. Duties. (a) The community relations board, in general, is to be utilized as a forum for the hearing of grievances or complaints of all citizens of the city, and the board shall make timely recommendations to the city commission concerning such grievances or complaints. (b) Specifically, the Boynton Beach Commu nity Relations Board duties, powers, authority, and functions include the following: (1) The board shall act only in an advisory capacity to the city commission, and the ( 2 ) T h e b o a r d s h a l l a c t a s f o r u m f o r g r i e v a n c e s o r c o h a l l c o n s i d e r m a t t e r s t h a t b o t h : a . A r e o f a b r o a d c n l y t o t h e c i t y c o m m i s s i o n , o v e r w h i c h t h e c i t y c o m m i (4) The board shall act as a forum for hearing d i s p u t e s a n d / o r g r i e v a n c e s , a n d t h e b o a r d s h a l l h a v a n y c o m p l a i n t s r e c e i v e d b y t h e b o a r d . ( 5 ) T h e b o a r d s c e o r d i s p u t e b e t w e e n e m p l o y e r s a n d e m p l o y e e s , i n c l u d l l t h e b o a r d s p e c i f i c a l l y c o n s i d e r a n y m a t t e r s w h i c h n t i c i p a t i o n o f s u c h l i t i g a t i o n . ( 6 ) T h e c o m m u n i t y r e l w h i c h m e e t i n g s s h a l l b e o p e n t o t h e p u b l i c , m i n u t e s s e t i n g s , w i t h c o p i e s o f s u c h m i n u t e s , a n d a n y o t h e r r e h e c i t y m a n a g e r w i t h i n t h i r t y ( 3 0 ) d a y s o f s u c h m e e t i n d e n c o u r a g e d t o r e v i e w m a t t e r s w h i c h a r e t h e c i t y w i d h i p s b e t w e e n m e m b e r s o f t h e c o m m u n i t y - a t - l a r g e t o i d e t o s u g g e s t t o t h e c i t y c o m m i s s i o n c e r t a i n s p e c i f i c p r n t i f i a b l e p r o b l e m 1997 S - 5 Administration 39 would serve to promote harmony and Sec. 2 - 116. Created. communication between all of the residents and citizens of the city and to sponsor The city commission, in accordance with the acti vities within the community which shall powers vested in it, hereb y creates and establishes a also serve to promote such harmony and children and youth advisory board. (Ord. No. 91 - 18, § communication. 2, 5 - 7 - 91) (8) The community relations board shall be concerned also with providing necessary Sec. 2 - 117. Duties. information to the citizens of the city which concerns their health, safety, w elfare or The children and youth advisory board shall act housing. as a fact - finding and advisory board on the following issues and on such other issues as ar e, from time to (9) The board shall be empowered to review all time, designated by the city commission by requests for funds from all social service resolution: agencies, schools and/or community organizations and make recommendations to the city commission regarding such requests. The community relations board shall have no power to appropriate funds. (10) Members of the community relations board shall serve without compensation, but reasonable expenses, if any, shall be subject to reimbursement as provided by the city. (11) The board shall follo w rules and procedures as described in Exhibit “A” attached hereto and incorporated by reference. (Ord. No. 90 - 79, § 8, 1 - 2 - 91) Editor's note - It should be noted that “Exhibit A” referenced in § 2 - 106(b)(11) is not set out in this article, but is on fil e and available for inspection in the office of the city clerk. Secs. 2.107 — 2 - 115. Reserved. ARTICLE VII. CHILDREN AND YOUTH ADVISORY BOARD* *Editor's note - Ord. No. 91 - 18, §§ 2 — 8, adopted May 7, 1991, enacted provisions pertaining to a children and youth advisory board. Such ordinance did not specify manner of codification; hence, inclusion as Art. VII, §§ 2 - 116 — 2 - 122, has been at the editor's discretion. r o m o t e o n g o i n g r e l a t i o n s h i p s w i t h c a r i n g a d u l t s . ( 2 ) n e f i t t h e c h i l d r e n a n d y o u t h o f t h e c o m m u n i t y b y i n v o h b o r h o o d o r g a n i z a t i o n s . ( 3 ) D e v e l o p m e n t o f i n c e n t i v e s n t o f s a f e p l a c e s a n d s t r u c t u r e d a c t i v i t i e s i n n o n - s c n f o r m a t i o n o n l o c a l , c o u n t y , s t a t e a n d f e d e r a l p r o g r a h e i r f (Ord. No. 91 a - 18, § 3, 5 - 7 - 91; Ord. No. 99 - 33, § 1, 11 - 16 - 99) m i l Sec. 2 - 118. i Recommendations of board. e The board shall periodically advise the city s commission of its findings with respect to the . foregoing issues and shall make recommendations to (5) Development of child and youth advocacy the city commission on any matter referred to it within thirty (30) p days or within such time as prescribed by the city commission by specific r resolution. o (Ord. No. 91 g - 18, § 4, 5 - 7 - 91) 2000 S - 12 Boynton Beach Code 40 Sec. 2 - 119. Organization. student membership, who may reside outside the city limits. (a) The children and youth advisory board shall (Ord. No. 91 - 18, § 7, 5 - 7 - 91; Ord. 96 - 42, § 1, 10 - 2 - comprise seven (7) perman ent members, two (2) 9 6) alternate members and three (3) student members, two (2) to be regular voting members and one (1) alternate, all to be appointed by the city commission. Sec. 2 - 122. Powers. Of the members so appointed, three (3) shall be for a term of three (3) years, two (2) shall be for a term of Nothing in this article shall be construed as two (2) years, and two (2) shall be for a term of one restricting or curtailing any of the powers of the city (1) year. Their successors shall be appointed for a commission, or as a delegation to the board of any of term of two (2) years. Alternate members, as well as the authority or discretionary powers vested and the three (3) student members, shall be appointed for imposed by law in the ci ty commission. The city a period of one (1) year. commission declares that public interest, convenience and welfare required the appointment of the board to (b) Any member failing to attend two (2) of act in a purely advisory capacity to the city three (3) successive meetings without cause and/or commission for the purposes set forth in this article. without prior approval of the chairperson of the board Any powers delegated her e to the board to adopt rules shall automatically forfeit his or her appointment. and regulations shall not be construed as a delegation of legislative authority, but purely of administrative (c) Any member of the board may be remo ved authority. for cause in accordance with state law. The city (Ord. No. 91 - 18, § 8, 5 - 7 - 91) commission shall promptly fill any vacancy. (d) At the organizational meeting of the board Secs. 2 - 123 — 2 - 125. Reserved. a chairperson and vice - chairperson shall be selected by majority vote of the board. The chairperson and vice - c hairperson shall be selected annually at the ARTICLE VIII. EDUCATION ADVISORY May meeting of the board. BOARD* (Ord. No. 91 - 18, § 5, 5 - 7 - 91; Ord. No. 93 - 30, § 1, 9 - 7 - 93) *Editor's note - Ord. No. 91 - 24, §§ 2 — 8, adopted May 21, 1991, created the education advisory board. Such provisions, being nonamendatory of the Code, Sec. 2 - 120. Meetings. have been designated by the editor as Art. VIII, §§ 2 - 126 — 2 - 132. The board shall meet regularly once a month or more frequently if necessary, for the transaction of business. Its meetings shall be open to the public. The Sec. 2 - 126. Creation. board may establish its own meeting rules and procedures for the conduct of its business. Four (4) The city commi ssion, in accordance with the members shall constitute a quorum. powers vested in it, hereby creates and establishes an (Ord. No. 91 - 18, § 6, 5 - 7 - 91) education advisory board. (Ord. No. 91 - 24, § 2, 5 - 21 - 91) Sec. 2 - 121. Qualification. Sec. 2 - 127. Duties. Membe rs of the advisory board on children and youth shall be residents of the city, with the The education advisory board shall act as a fact - exception of one alternate non - voting member of the finding and advisory board on the following 1997 S - 5 Administration 41 issues and on such other issues as are, from Sec. 2 - 128. Recommendations of board. time to time, designated by the city commission by resolution: The board shall periodically advise the city commission of its findings with respect to the To assist city and local schools in: foregoing issues and shall make recommendations to the city commission on any matter referred to it (1) Recruiting volunteers to assist students within thirty (30) days or within such time as before, during an d after school. prescribed by the city commission by specific resolution. (2) Contacting businesses within the (Ord. No. 91 - 24, § 4, 5 - 21 - 91) geographical borders of Boynton Beach for professional skills, materials, financial or educational support for the schools. Sec. 2 - 129. Organization. (3) Coordinating with local police department (a) The education advisory board shall to improve safety for students before, comprise seven (7) perma nent members and two (2) during and after school. alternate members, all to be appointed by the city commission. Of the members so appointed, four (4) (4) Coordinating with city's parks and shall be for a term of three (3) years and three (3) recreation department to improve shall be for a term of two (2) years. Their successors playgrounds at or near local schools. shall be appointed for a term of two (2) years. Alternate members shall be appointed for a period of (5) Contacting the Greater Boynton Beach one (1) year. There shall also be appointed two (2) Chamber of Commerce, real estate groups, high school seniors, who must reside within the city and other community groups fo r the limits of the City of Boynton Beach and who must purpose of implementing programs at local attend a public school in Palm Beach County to serve schools that benefit students from pre - K for a term of one (1) year, to be selected by the city through grades 12 and vocational schools. commission. All terms shall expire in the month of April. Student members of the Education Advisory (6) Communicating with the school board of Board shall enjoy the right to vote, the same right that Palm Beach County and its staff, and is currently enjoyed by regular voting members of the advising the city commission as to the Children and Youth Advisory Board. activ ities of the school board, and other federal, state and local legislative bodies (b) Any member failing to attend two (2) of which affect the needs of Boynton Beach three (3) successive meetings without cause and/or students. without prior approval of the chairperson of the board shall automatically forfeit his or her appointment. (7) Developing public relations that highlight successful programs within the schools and (c) Any member of the board may be removed to help improve their image in con junction for cause in accordance with state law. The city with local media. commission shall promptly fill any vacancy. (8) Developing recommendations to the city (d) At the organizational meeting of the board a commission for forwarding to the school chairperson and vice - chairperson shall be s elected by board of Palm Beach County regarding majority vote of the board. The chairperson and actions which may be taken in support of schools in Boynton Beach and with respect to proposed legislation a t the state level. (Ord. No. 91 - 24, § 3, 5 - 21 - 91) 1999 S - 11 Boynton Beach Code 42 vice - chairperson shall be selected annually at the Secs. 2 - 133 — 2 - 140. Reserved. May meeting of the board. (Ord. No. 91 - 24, § 5, 5 - 21 - 91; Ord. No. 91 - 72, § 1, 10 - 1 - 91; Ord. No. 91 - 74, § 1, 11 - 5 - 91; Ord. No. 94 - ARTICLE IX. SENIOR ADVISORY BOARD 13, § 1, 6 - 7 - 94; Ord. No. 94 - 16, § 1, 6 - 21 - 94; Ord. No. 99 - 22, § 1, 8 - 17 - 99) Sec. 2 - 141. Creation. Sec. 2 - 130. Meetings. The city commission, in accordance with the powers vested in it, hereby creates and establishes a The board shall meet regularly once a month, or senior advisory board. All r eferences to the elderly more frequently if necessary, for the transaction of advisory board shall hereafter be construed to mean business. Its meetings sha ll be open to the public. The the senior advisory board. board may establish its own meeting rules and (Ord. No. 92 - 13, § 2, 6 - 2 - 92; Ord. No. 94 - 12, § 1, 6 - procedures for the conduct of its business. Five (5) 7 - 94) members shall constitute a quorum. (Ord. No. 91 - 24, § 6, 5 - 21 - 91; Ord. No. 99 - 22, § 1, 8 - 17 - 99) Sec. 2 - 142. Duties. The senior advisory board shall act as a fact - Sec. 2.131. Qualification. finding and advisory bo ard on the following issues and on such other issues as are, from time to time, The members of the education advisory board designated by the city commission by resolution. [The shall be residents of the city. Alternate members of advisory board shall] assist the elderly in: the board may be non - residents of the city provided the member has at least one child in a public school, (1) Setting up a retired senior volunteer which is located within the geographical boundaries o f the city. (Ord. No. 91 - 24, § 7, 5 - 21 - 91; Ord. No. 94 - 13, § 1, 6 - 7 - 94; Ord. No. 97 - 06, § 1, 3 - 4 - 97) Sec. 2 - 132. Powers. Nothing in this article shall be construed as restricting or curtailing any of the powers of the city commission, or as a delegatio n to the board of any of the authority or discretionary powers vested and imposed by law in the city commission. The city commission declares that public interest, convenience and welfare required the appointment of the board to act in a purely advisory ca pacity to the city commission for the purposes set forth in this article. Any powers delegated here to the board to adopt rules and regulations shall not be construed as a delegation of legislative authority, but purely a delegation of administrative autho rity. (Ord. No. 91 - 24, § 8, 5 - 21 - 91) p r o v i d e s e r v i c e s f o r t h e h o m e b o u n d ; (2) Seeking federal and state grants to provide f o r s e r v i c e s ; (3) Monitor and lobby for legislation regarding b i l e u n i t a l r e a d y i n o p e r a t i o n i n P a l m B e a c h C o u n t y t a p a m p h l e t o f a v a i l a b l e p r o g r a m s f o r s e n i o r s ; ( 6 ) P r o t i n g s o n t o p i c s o f i n t e r e s t f o r s e n i o r s ; ( 7 ) R e c o m m e n m e b o 1999 S - 11 Administration 43 (8) Provide recreation and social programs. Sec. 2 - 145. Meetings. (Ord. No. 92 - 13, § 3, 6 - 2 - 92; Ord. No. 94 - 12, § 1, 6 - 7 - 94) The board shall meet quarterly on an “as needed” basis for the transaction of business. Its meetings shall be open to the public. The board may Sec. 2 - 143. Recommendations of board. establish its own meeting rules and procedures for the conduct of its business. Four (4) members shall The board shall periodically advise the city constitute a quorum. commission of it s findings with respect to the (Ord. No. 92 - 13, § 6, 6 - 2 - 92; Ord. No. 01 - 12, § 2, 3 - foregoing issues and shall make recommendations to 6 - 01) the city commission on any matter referred to it within thirty (30) days or within such time as prescribed by the city commission by specific Sec. 2 - 146. Qualification. resolution. (Ord. No. 92 - 13, § 4 , 6 - 2 - 92) The members of the senior advisory board shall be residents of the City of Boynton Beach, Florida. (Ord. No . 92 - 13, § 7, 6 - 2 - 92; Ord. No. 94 - 12, § 1, 6 - Sec. 2 - 144. Organization. 7 - 94) (a) The senior advisory board shall be comprised of seven (7) permanent members and two Sec. 2 - 147. Powers. (2) alternate members, all to be appointed by the city commission. Of the members so appointed, four (4) Nothing in this article shall be construed as shall be for a term of three (3) years, three (3) shall restricting or curtailing any of the powers of the city be for a term of two (2) years. Their successors shall commission, or as a delegation to the board of any of be appointed for a term of two (2) years. Alternate the authority or discreti onary powers vested and members shall be appointed for a period of one (1) imposed by law in the city commission. The city year. commission declares that public interest, convenience and welfare required the appointment of the board to (b) Any member failing to attend three (3) act in a purely advisory capacity to the city meetings shall be notified that one additional absence commission for the purposes set forth in this article. shall automatically forfeit his or her appointment to Any powers delegated here to the board to adopt rules that board. and regulations shall not be construed as a delegation of legislative authority, but purely a delegation of (c) Any member of the board may be removed administrative authority. (Ord. No. 92 - 13, § 8, 6 - 2 - for cause in accordance with state law. The city 92) commission shall promptly fill any vacancy. (d) At th e organizational meeting of the board Secs. 2 - 148 — 2 - 150. Reserved. a chairperson and vice - chairperson shall be selected by majority vote of the board. The chairperson and vice - chairperson shall be selected annually at the May meeting of the board. (Ord. No. 92 - 13, § 5, 6 - 2 - 92; Ord. No . 94 - 12, § 1, 6 - 7 - 94) 2001 S - 15 Boynton Beach Code 44 ARTICLE X: PERSONNEL POLICY MANUAL (d) The Arts Commission may recommend funding sources including private sources and grant funds; encourage pub lic and private partnerships in Sec. 2 - 151. Personnel policy manual adopted by the arts; review and make recommendations on reference. proposals for art work for public buildings and public spaces; encourage the flow of art into the city; The City Commission of the City of Boynton stimulate art related activities and events; study issues Beach, Florida, hereby formally adopts the Personne l related to art an d implement art programs as Policy Manual, and all subsequent amendments delegated to it by the City’s Commission from time to thereto, which document is designated as Exhibit A time. of Ordinance No. 98 - 06, which is incorporated herein as if set out in its entirety. (e) The Arts Commission shall periodically (Ord. No. 98 - 06, 2 - 2 - 98; Ord. No. 98 - 34, § 1, 9 - 3 - 98; advise the City Commission of its findings or Ord. 98 - 44, § 1, 12 - 1 - 98; Ord. No. 01 - 53, § 2, 10 - 2 - proposals with respect to the foregoing issues and 01; Ord. No. 02 - 031, § 1, 8 - 6 - 02) make recommendations to th e City Commission on any matter referred to it within as much time prescribed by the City Commission. Secs. 2 - 152 — 2 - 153. Reserved. (Ord. No. 01 - 64, § 1, 1 - 2 - 02) ARTICLE XI: ARTS COMMISSION Sec. 2 - 156. Organization. (a) The Arts Commission shall consist of seven Sec. 2 - 154. Creation of Commission. (7) regular members and two (2) alternate membe rs and serve at the pleasure of the City Commission. The City Commission, in accordance with the powers vested in it, hereby creates and est ablishes the (b) All members of the Arts Commission shall Boynton Beach Arts Commission, hereinafter be appointed by the City Commission for three - year referred to as the “Arts Commission.” staggered terms. The two (2) alternate members shall (Ord. No. 01 - 64, § 1, 1 - 2 - 02) be appointed to one - year terms. All members may be r eappointed at the pleasure of the City Commission at the termination of their appointment, with no limit as Sec. 2 - 155. Purpose and duties. to the number of terms they may serve. (a) The purpose of the Arts Commission is to (c) Appointees to the Arts Commission shall be advise the City Commission on matters related to th e citizens or business owners preferably with the arts, to develop a plan and programs to promote and following ba ckground: Artist, art volunteer/activist; support art in public places, and to recommend planner; private developer; architect; neighborhood guidelines and funding for implementation. association member; interested citizen. (b) It shall be the duty of the Arts Commission (d) At the organizational meeting of the Arts to act as an advisory board to the City Commission in Commission, a Chairperson and Vice - Chairperson providin g advice on matters relating to the visual arts. shall be selected by majori ty vote of the Arts Commission. The Chairperson and Vice - Chairperson (c) The Arts Commission may develop a public shall be selected annually at the anniversary of the art plan and program for the city. first meeting of the Arts Commission, or at the November meeting of the Arts Commission. (Ord. No. 01 - 64, § 1, 1 - 2 - 02) 2002 S - 18 Administ ration 45 Sec. 2 - 157. Meetings. Nothing in this article shall be construed as restricting or curtailing any of the powers of the City The Arts Commission shall meet at an Commission, or as a delegation to the Arts appropriate place and shall arrange a time for holding Commission of any of the authority or discretionary regular meetings of the Arts Commission, and for powers ve sted and imposed by law in the City such other meetings as shall be necessary, and it may Commission. The City Commission declares that add to such rules of o rganization, regulation and public interest, convenience and welfare required the procedure as it may deem necessary and determine appointment of the Arts Commission to act in a the duties of its members and officers. Other purely advisory capacity to the City Commission for specifications for conducting meetings, such as the the purposes set fort h in this article. Any power number needed for a quorum, shall be in delegated here to the Arts Commission to adopt rules conformance with F.S. § 166.041(4). and regulations shall not be construed as a delegation (Ord. No. 01 - 64, § 1, 1 - 2 - 02) of legislative authority, but purely a delegation of legislative authority. (Ord. No. 01 - 64, § 1, 1 - 2 - 02) Sec. 2 - 158. Powers. 2002 S - 17 Boynton Beach Code 46