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O90-13ORDINANCE NO. 90-/~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ACKNOWLEDGING AND INCORPORATING PROVISIONS OF CHAPTER 89-268, LAWS OF FLORIDA (1989) AFFECTING THE LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS ACT PRESENTLY CODIFIED UNDER CHAPTER 162· FLORIDA STATUTES; PROVIDING FOR THE ADOPTING OF AN ALTERNATE CODE ENFORCEMENT SYSTEM WHICH WILL PROVIDE THE CODE ENFORCEMENT BOARD OF BOYNTON BEACH WITH THE ABILITY TO DESIGNATE SPECIAL MASTERS TO ASSIST IN COMPLIANCE WITH CHAPTER 162, FLORIDA STATUTES; PROVIDING A LIEN MODIFICATION PROCEDURE; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has been a ~orerunner in its adoption, usage and implementation of its pal Code Enforcement Board since the adoption of 162· Florida Statutes· as amended; and WHEREAS, the Florida Legislature has, from time to · reviewed and amended Chapter 162, Florida Statutes, has altered the powers· duties and authority of the pal Code Enforcement Board; and WHEREAS, the Florida Legislature has adopted Chapter ~9-268, Laws of Florida (1989) which substantially modified 162, Florida Statutes· known as the "Local Code Enforcement ~ffective October 1, 1989; and Boards Act" (the "Act") WHEREAS, This City Commission finds and determines that the changes and modifications to the Act require corresponding modifications to the City of Boynton Beach Code of Ordinances to promote· protect and to improve the health, safety and welfare of the citizens and residents of the City of Boynton Beach, Florida: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are ~by ratified and confirmed as being true and correct and hereby made a specific part of this Ordinance upon hereof. Section 2. Section 2-72 of the Code of Ordinances hereby deleted in its entirety and in its place the lng provision added: 2-72 Intent. Declaration of leqislative intent. It is the intent of this article to promote, protect and improve the health, safety and welfare of the citizens and residents of the City of Boynton Beach, Florida, by authorizing the creation of an administrative board with authority to impose penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing any codes and ordinances in force in the City of Boynton Beach where a pending or repeated violation continues to exist. Section 3. Section 2-82 of the Code of Ordinances is hereby created and shall read as follows: 2-82 The City of Boynton Beach by this ordinance hereby adopts an alternative code enforcement system which shall provide the City of Boynton Beach Code Enforcement Board or Special Masters hereinafter described and designated by the City Commission of the City of Boynton Beach, the authority to hold hearings and assess fines against violators of the City of Boynton Beach codes and ordinances. Section 4. Section 2-73 of the Code of Ordinances hereby amended to add the following definition: 2-73 Definitions. "Repeat Violation" means a violation of a provision of a code or ordinance by a person whom the Code Enforcement Board has previously found to have violated the same provision within five (5) years prior to the violation. Section 5. Section 2-74(a) of the Code of is hereby amended to read as follows: 2-74.(a) Members of an enforcement board shall be residents of the City. Appointments-shaCk-be-made-by the--c~ty--eomm~ss~on--on--the--bas~s--o~--expe~enee Appointments shall be made in accordance with applicable law and ordinances on the basis experience or interest in the subject matter jurisdiction of the Code Enforcement Board. or-~n%erest ~n -the -{~ekds -o{ -zoning -and -bu~kd~ng -con%rokv --The membersh~p--o~--an--en~o~eement--boa~d--shakk--wheneve~ 9oss~b~e-be-as-~o~ows~ Section 6. Section 2-74(b) of the Code of )rdinances is hereby amended in part to read as follows: 2.74(b) ...AnM-member-who-~a~s-t~-atten~-~ou~ ~4~ -sueeess~ve -meetings -sha~ ~e~t --h~s --appointment --and --the --~tM If any member fails to fails to attend two of three successive meetings without cause and without prior approval of the Chairman, the enforcement board shall declare the members' office vacant and the City commission shall promptly fill such vacancy. Section 7. Section 2-74(d) is hereby amended to as follow: (d) The-boar~-atto~ney-sha~-e~the~-be-eounse~-to the-en~oreement-boa~d-o~-sha~-~ep~esent-the e~tM -bT -p~esent~n~-eases -be~o~e -the-boa~. The City Commission hereby appoints the City Attorney or his designee as legal counsel for the Code Enforcement Board. Section 8. Section 2-76(a) of the Code of )rdinances is hereby amended to read as follows: 2.76(a) It shall be the duty of the code inspector to initiate enforcement proceedings of the various codes= ; however, no member of the board shall have the power to initiate enforcement proceedings. Section 9. Section 2-76 of the Code of Ordinances is hereby amended to add a subsection (d) as follows: 2.76(d) If a repeat violation is found, the code inspector shall notify the violator, but it is not required to give the violator a reasonable time to correct the violation, The Code Inspector, after notifying the violator of a repeat violation, shall notify the Code Enforcement Board and request a hearing. The Code Enforcement Board, through its clerical staff, shall schedule a hearing and shall provide notice pursuant to Section 2-81. The case may be presented to the Code Enforcement Board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state. Section 10. Section 2-77(b) of the Code of ~s is hereby amended to read as follows: Section 2-77(b) Each case before an enforcement board shall be presented by e~the~-the-b~a~-att~neM ~ a member of the building department staff. Section 11. Section 2-77(e) of the Code of Ordinances is hereby amended to read as follows: 2-77(e) At the conclusion of the hearing the enforcement board shall issue findings of fact ~ 3 based on evidence of record, and conclusions of law and shall issue an order affording the proper relief consistent with powers granted herein. The findings shall be by motion approved by a majority of those present and voting, except that at least four (4) members of the enforcement board must vote for the action to be official. The order may include a notice that it must be complied with by a specific date, and that a fine may be imposed if the Order is not complied with by said date. A certified copy of the Order may be recorded in th~ Public :Records of the County and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator, if the violation concerns rea ~ers, successors st, or assigns. If an Order is recorded in the Yubl~ic Records pursuant to this is complied with by the date specified in the order, the enforcement board shall issue an orde= that recorded! in!~ the A not required to issue such an order )liance. Section 12. Section 2-78 of the Code of Ordinances .s hereby amended to read as follows: Section 2-78 (b) Subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by the city's police department~ or by the Sheriff of the County. (c) SubPoena --records7 --surveys7 --p~ats --and --~%her ma%e~ak= Subpoena evidence to its hearings. Section 13. Section 2-79(a) is deleted in its y and in its place the following provision added: Section 2-79(a) The enforcement board, upon notification by the code inspector, that an order of the enforcement board has not been complied with by the said time, or, upon finding that a repeat violation has been committed, may order the violator to pay a fine not to exceed $250.00 per day for a first violation and not to exceed $500.00 per day for a repeat violation for each day the violation continues past the date set by the enforcement board for compliance or, in the place of a repeat violation for each day the repeat violation continues past the date of notice to the violator of the repeat violation. If a finding of a violation or a repeat violation has been made as provided in this part, a hearing shall not be necessary for issuance of an order imposing the fine. Section 14. Section 2-79(c) of the Code of nces is hereby deleted in its entirety and in its the following inserted: Section 2-79(c) A certified copy of an order imposing a fine may be recorded in the Public Records and thereafter shall constitute a lien against the land on which the violation exists and upon any other rea.] 4 or personal property owned by the violator. Upon petition to the Circuit Court, such order m~y be enforced in the same manner as a court judgment by the Sheriff's of this State, including le~y agains~ the personal property, but such order shall not be deemed to be a court judgement except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. After three months from the filing of any such lien which remains unpaid, the enforcement board may authorize the City Attorney to foreclose on the lien. No lien created pursuant to the provisions of this part may be enforced on real- property which is a homestead under Section 4, Article X of the state Constitution. Section 15. Section 2-79.5 of the Code of Ordinances .s deleted in its entirety and in its place inserted the following: SectiOn 2-79.5 Duration of lien No lien provided under this Article shall continue for a period longer than twenty (20) years after the certified copy of an Order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorneys fee, that incurs in the foreclosure. The continuation of the lien effected by the commencement of the action shall not be good against creditors, or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. Section 2-80 of the Code of Ordinances is amended to 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 order to be appealed. ARTICLE V. OF PART 2 of the Code of Ordinances is amended to add a new section 2-83 which shall read as follows: 2-83 Enforcement of the Codes of Ordinances; Penalties. (1) As used in this Section, code enforcement officer means any designated employee or agent of the City of Boynton Beach whose duty it is to enforce codes and ordinances enacted by the City of Boynton beach, Florida. (2) The City may designate certain of its employees or agents as code enforcement officers. The training and qualifications of the employees or agents for such designation shall be determined by the City. Employees or agents who may be designated as code enforcement officers may include, but are not limited to code inspectors, law enforcement officers, animal control officers, or fire safety inspectors. Designation as a code enforcement officer does not provide the code enforcement officer with the power of arrest or subject the code enforcement officer to the provisions of Sections 943.085 through 943.255, Florida Statutes, as amended. Nothing in this section amends, alters or contravenes the provisions of any state-administered retirement system or any state supported retirement system established by general law. (3a) A code enforcement officer is authorized to issue a =itation to a person when based upon personal investigation, the officer has reasonable cause to believe that the person has committed a Civil infraction in violation of a duly enacted code or ordinance and the County Court will hear the charge. (b) Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of the code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than thirty (30) days. If, upon personal investigation, a code enforcement officer finds that the )erson has not corrected the violation within the time period, a code enforcement officer may issue a citation to ithe person who has committed the violation. A code enforcement officer does not have to provide the person with a reasonable time period to correct the violation prior t~ issuing a citation and may immediately issue a citation if the c°~e enforcement officer has reasoh to believe that the violation presents a serious threat to the public health, safetY, or welfare, or if the violation is irreparable or irreversible. (c) A citation issued by a code enforcement officer shall be in a form prescribed by the City of Boynton Beach and shall contain: (1) The date and time of issuance. (2) The name and address of the person to whom the citation is issued. (3) The date and time the civil infraction was committed. (4) (5) The facts constituting reasonable cause. The number or section of the code or ordinance violated. (6) The name and authority of the code enforcement officer. (7) The procedure for the person to follow in order to pay the civil penalty or to contest the citation. (8) The applicable civil penalty if the person elects to contest the citation. (9) The applicable civil penalty of the person elects not to contest the citation. (10) a conspicuous statement that if the perso- fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and that, in such case,Judgment may be entered against tha )erson for an amount up to the maximum civil penalty. (4) After issuing a citation to an alleged violator, s code enforcement officer shall deposit the original citation and one copy of the citation with the Palm Beach County court. (5) The City of Boynton Beach is authorized to enforce its codes and ordinances under the provisions of this section and by the enactment of this Ordinance, the City shall by separate ordinance set forth procedures for the implementation of such provisions, including a schedule of violationsand penalties to be assessed by code enforcement officers. If the City chooses to enforce this section, each code or ordinance enacted by the City establishing procedures for implementation of this section shall provide: (a) That'a violation of a code or an ordinance is a civil infraction. (b) A maximum civil penalty not to exceed ;500,00. (c) A civil penalty of less than the maximum civil penalty if the person who has committed the civil infraction does not contest the citation. (d) For the issuance of a citation by a code enforcement officer who has reasonable cause to believe that a person has committed an act in violation of a code or ordinance. court. (e) For the contesting of a citation in county (f) Such procedures and provisions as are necessary to provide for the enforcement of a code or ordinance under the provisions of this section. (6) Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in Section 775.082 or Section 775.083. (7 The provisions of this Section shall not apply to the enforcement pursuant to Section 553.79 and 553.80 of building codes adopted pursuant to Section 553.73 as they apply to construction provided that a building permit is either not required or has been issued by the City. For the purposes of this subsection, "building codes" means only those codes adopted pursuant to Section 553.73. (8) The provisions of this section are additional and supplemental means of enforcing the City's codes and ordinances and may be used for the enforcement of any code or ordinance, or for the enforcement of all codes and ordinances. Nothing contained in this section shall prohibit the City from enforcing its codes or ordinances by any other means. 7 Sec. 2-84 of the Code of Ordinances is hereby added to read as follows: Sec. 2-84. Lien Reduction Procedure The lien reduction procedure is applicable to a lien which is in effect subsequent to the issuance of an Affidavit of Non-compliance, pursuant to Sec. 2-79. Sec. 2-85. Criteria for Lien Reduction The following criteria must be complied with prior to a lien reduction hearing before the Code Enforcement Board: 1. The property in question must be in total code compliance and an Affidavit of Compliance must be issued for the Code Enforcement case that is being appealed. 2. The subject property must be free of all outstanding debts (including taxes) due the City. 3. The request for a lien reduction application must be submitted to the Code Enforcement Administrator within thirty (30) days of the date of the execution of the Affidavit of Compliance. 4. A $200.00 application fee must be included for the application to be processed. Sec. 2-86. Application for Lien Reduction The Building Official or his designee shall provide the application for a lien reduction hearing. The application will be included with the Affidavit of Compliance issued by the Code Enforcement Administrator. A complete application must accompany each lien reduction request that is to be heard before the Board. I Sec. 2-87. Application Fee for Lien Reduction A $200.00 fee shall accompany the initial reduction application with a $50.00 fee for each additional reduction 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-half the amount of the application fee. If after it has been determined that the criteria under Section 2-85 has not been compiled with and the application returned to the applicant, a new application and fee must be submitted for a lien. reduction hearing. Sec. 2-88. Lien Reduction Procedure A party requesting a lien reduction must sub~t ~ complete lien reduction application to the Code Enforcement Division of the Building Department within thirty (30) days of the execution date of the Affidavit of Compliance. The Code Enforcement Administrator or designee will process the application and determine that all required criteria has been compiled with under City Ordinance Sec. 2-85. If the applicant does not qualify for a hearing under Sec. 2-85, the party will 8 be notified in writing of the reasons and refunded one-half of the application fee. If the reduction application is complete, a lien reduction hearing shall be scheduled on the next available Code Enforcement Board agenda. The appealing party will be notified in writing of the scheduled date of the hearing at least five (5) days prior to the hearing date. The hearing shall be held at a regular meeting of the Code Enforcement Board. A quorum must be present for the Board to hear a lien reduction and a majority of the entire Board must vote in the affirmative for a lien to be reduced or waived. The Code Enforcement Administrator shall submit the Board's appeal order to the City Clerk, Legal Department and the City Manager. The Code Enforcement Administrator or his designe~ 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 meeting when the Commission shall hear the Board's recommendation. Sec. 2-89.Conduct of Hearing for Lien Modification The Code Enforcement Board at a lien modification hearing shall make oneof the following determ__~nations: the lien shall be waived in full, reduced to a specified amount or shall be upheld in full. The Board shall hear all the factSlregarding the specific code or codes the appealing Party w~s in ~iolati~n of, the dat~ of the~ original Board Hearing, the date the Affi4avit of Non,compliance was issued, the date the Affidavit of Compliance was issued, the current lien amount-~d ali pertinent information relating to the specific case, prior to the Board making its determ{nation and order. The lien modification he~ing shall not be a hearing de novo of the original case. Section 2-90. Hearinqs. Final Orders Issued in Lien Modification The Board shall issue its recommendation to the City Commission in writing. The City Commission shall review the recommendation of the Code Enforcement Board, may hear the position of the property owner, a Cod~ Enforcement Board representative, or m~y rely upon the minutes of the Code Enforcement Board proceeding regarding lien modification. The City Commission shall make one following rulings: of the ..(a) Accept the Code reco~,,endation in full. Enforcement Board (b) Reject the Code Reco~u, endation in full. Enforcement Boar~ (c) Modify the Code Enforcement Board recor~6~endation. (d) The Commission shall direct thm administration to take action consistent with the acceptance, rejection, or modification. 9 Section 16. It is the intention of the City ~ommission of the City of Boynton Beach, that the provision of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Boynton Beach, Florida, and that the Sections of this Ordinance may be renumbered, relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. Section 17. If any clause, section or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way effecting the validity of the other )rovisions of this Ordinance. Section 18. That all Ordinances or parts of )rdinances, Resolutions or parts of Resolutions in conflict lerewith, be and the same are repealed to the extent of such conflict. Section 19. immediately upon adoption. FIRST READING this ~9-Z~b day of 1990. ND, FINAL READING and PA · 1990. That this Ordinance shall take effect /~ day of ? , FLORIDA Mayor ~mmissioner - ~ -~-- C6mm¥ s s ioner ATTEST: CitJ Clerk Cohunissioner (Corporate Seal) 10